Perry-Rogers v. Obasaju

In Perry-Rogers v. Obasaju, 282 A.D.2d 231 (1st Dept. 2001), the First Department, noting the exceptions to the general rule referred to in Johnson v. State of New York, supra, ruled that, although there is "no requirement that the plaintiff must be in fear of his or her own physical safety" (p.231) in order to recover for emotional harm, "a plaintiff must produce evidence sufficient to guarantee the genuineness of the claim..., such as contemporaneous or consequential physical harm which is thought to provide an index of reliability otherwise absent in a claim for psychological trauma with only psychological consequences" (p.232).