Opinion
Argued November 9, 1999
December 27, 1999
In an action to recover damages for personal injuries, etc., the defendant CVS Corporation, d/b/a CVS appeals from an order of the Supreme Court, Nassau County (Dunne, J.), dated December 9, 1998, which denied its motion for partial summary judgment dismissing the plaintiffs' cause of action to recover damages for emotional distress resulting from fear of developing cancer insofar as asserted against it.
Thomas M. Bona, P.C., White Plains, N.Y. (Kimberly C. Sheehan of counsel), for appellant.
Sullivan Sullivan, P.C., Garden City, N.Y. (Joseph D. Sullivan of counsel), for respondents.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion for partial summary judgment is granted, and the cause of action to recover damages for emotional distress resulting from fear of developing cancer is dismissed insofar as asserted against the appellant.
The appellant made a prima facie showing of its entitlement to summary judgment as a matter of law, dismissing the plaintiffs' cause of action to recover damages for emotional distress resulting from a fear of developing cancer, prompted by the alleged negligence of the appellant in the preparation of a medical prescription (see, Bossio v. Fiorillo, 210 A.D.2d 836 ). The plaintiffs' submissions in opposition were insufficient to raise a triable issue of fact on that cause of action (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320 ; Conway v. Brooklyn Union Gas Co., 189 A.D.2d 851 ; cf., Bossio v. Fiorillo, supra).
RITTER, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.