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Wolf v. Acands, Inc.

190 A.D.2d 1009, 595 N.Y.S.2d 575, 1993 N.Y. App. Div. LEXIS 1192
Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1993·No. Appeal No. 1·Published

Opinion

— Judgment unanimously affirmed without costs. Memorandum: We reject defendant Celotex Corporation’s challenges to various pretrial evidentiary rulings for the reasons stated in the memorandum in Rogacki v Acands, Inc. ([appeal No. 2] 190 AD2d 1008 [decided herewith]). We add only that evidence concerning plaintiff Earl Wolfs increased risk of cancer was properly admitted. Plaintiff was entitled to recover damages for mental distress caused by his fear of cancer (see, Trapp v Metz, 28 NY2d 913, revg on dissenting opn at 35 AD2d 851; Ferrara v Galluchio, 5 NY2d 16, 18-19, 21-22, rearg denied 5 NY2d 793; Rittenhouse v St. Regis Hotel Joint Venture, 149 Misc 2d 452, 454-456, mod on other grounds 180 AD2d 523). (Appeal from Judgment of Supreme Court, Erie County, Sprague, J. — Products Liability.) Present — Denman, P. J., Balio, Lawton, Fallon and Doerr, JJ.

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Wolf v. Acands, Inc., 190 A.D.2d 1009, 595 N.Y.S.2d 575, 1993 N.Y. App. Div. LEXIS 1192 (N.Y. Ct. App. 1993).

190 A.D.2d 1009 (Wolf v. Acands, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ferrara v. Galluchio
152 N.E.2d 249 (New York Court of Appeals, 1958)
People v. Baumgart
154 N.E.2d 574 (New York Court of Appeals, 1958)
Trapp v. Metz
271 N.E.2d 697 (New York Court of Appeals, 1971)
Trapp v. Metz
35 A.D.2d 851 (Appellate Division of the Supreme Court of New York, 1970)
Rittenhouse v. St. Regis Hotel Joint Venture
180 A.D.2d 523 (Appellate Division of the Supreme Court of New York, 1992)
Rogacki v. Acands, Inc.
190 A.D.2d 1008 (Appellate Division of the Supreme Court of New York, 1993)
Rittenhouse v. St. Regis Hotel Joint Venture
149 Misc. 2d 452 (New York Supreme Court, 1990)