Dana v. Oak Park Mar

In Dana v. Oak Park Mar. (230 A.D.2d 204 [1997]), the complaint alleged that female patrons of a marina were videotaped in the ladies restroom in various states of undress without their knowledge or consent. The Dana court found that although no common-law duty to protect privacy existed, a specific statutory duty existed pursuant to section 395-b (2) of the General Business Law, which prohibits installation of cameras in "any fitting room, restroom, toilet, bathroom, washroom, shower" for the purpose of surreptitiously observing the interior of those facilities. Dana found that the statutory duty provided a basis upon which the plaintiff could proceed with the complaint for negligent infliction of emotional distress.