Opinion
March 20, 1995
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiffs' child was born prematurely and died five days later. In their action against the defendant hospital and two treating obstetricians, the plaintiffs alleged, among other things, that they suffered emotional harm as a result of their observations of the allegedly negligent treatment of their child in the hospital labor room.
The Supreme Court properly dismissed the plaintiffs' cause of action to recover damages for emotional distress as there was no allegation or proof in the record that the plaintiff mother suffered physical injuries independent of those allegedly inflicted upon the child (see, Tebbutt v. Virostek, 65 N.Y.2d 931; Vaccaro v. Squibb Corp., 52 N.Y.2d 809; Kakoullis v. Harri H. Janssen, M.D., P.C., 188 A.D.2d 769; Bubendey v. Winthrop Univ. Hosp., 151 A.D.2d 713; Burgess v. Miller, 124 A.D.2d 692; see also, Creed v. United Hosp., 190 A.D.2d 489). O'Brien, J.P., Ritter, Santucci and Friedmann, JJ., concur.