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Fischer v. Maloney – Case Brief Summary (New York)

In Fischer v. Maloney, 43 N.Y.2d 553 (1978), the Court of Appeals adopted the formulation of the Restatement (Second) of Torts as to the standard for establishing a cause of action for intentional infliction of emotional distress.

In Fischer, the Court of Appeals held that "one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress." (Id. at 557.) (quoting Prosser, Torts [4th ed], § 46, subd [1]).

Moreover, the "existence of severe emotional distress and proximate cause may be inferred therefore without expert medical opinion where . . . plaintiff has testified as to her emotional condition for which she sought medical and psychiatric attention." (Id.)