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· 10/31/1940

In re the Revocation & Annulment of the Dental License & Registration of Bender

Citations

  • 260 A.D. 894
  • 23 N.Y.S.2d 560
  • 1940 N.Y. App. Div. LEXIS 5250

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that allowing the recovery of damages for emotional distress based on an injury to a third party is the creation of new law
  • stating that allowing the recovery of damages for emotional distress based on an injury to a third party is the creation of new law
  • recognizing cause of action despite anticipated proliferation of claims
  • refusing to recognize “entirely new cause of action” based on mother’s witnessing car striking child, when mother sustained no physical impact in accident and did not fear for her own safety
  • refusing to recognize \entirely new cause of action\ based on mother's witnessing car striking child, when mother sustained no physical impact in accident and did not fear for her own safety
  • rejecting Dillon because of the problems of foreseeability, the risk of unlimited liability, the factor of an unduly burdensome liability, and the difficulty of obtaining any reasonable circumscription, within tolerable limits required by public policy, of a rule creating liability

Source: CourtListener parenthetical corpus (CC0).

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