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1 Tort & Med. Y.B. 129 (1961)
Torts - Wilful Infliction of Mental Anguish Emerges as an Independent Tort in New York

handle is hein.journals/tormedyb1 and id is 165 raw text is: Torts-Wilful Infliction Of Mental Anguish Emerges As An Independent Tort In New York By PHILIP J. KAPLAN P LAINTIFF ALLEGED THAT DEFENDANT solicited her for im- moral purposes, and, after being rebuffed, mailed her a photograph of himself with his private parts exposed and continued his solicitations. In an action to recover damages for emotional distress and consequent absence from work, held, defendant's motion to dismiss denied. A wilful and out- rageous infliction of emotional distress provides the basis for a cause of action both for such distress and for harm resulting from it. The sending of the prints, when added to the repeat- ed solicitations, was an act which a jury might find to be out- rageous and the proximate cause of plaintiff's injuries. Mitran v. Williamson, 21 Misc.2d 106, 197 N.Y.S.2d 689 (Sup. Ct. 1960). Although the right to freedom from intentionally inflicted mental anguish was recognized early in assault cases,' the law was slow to recognize invasion of this interest as the basis of an action in other than assault situations.2 In the leading case of Mitchell v. Rochester Ry.,3 a negligence action, it was said that to grant recovery for injuries resulting from fright 1 1. de S. v. W. de S., Y.B. Lib. Assis, f.99, pl. 60 (1348). 2 For an indication of how this recognition has developed among writers, and for a discussion of the policy reasons which have been advanced against this development, see Prosser, Intentional Infliction of Mental Suffering: A New Tort, 37 Mich. L. Rev. 874 (1939). 3 151 N.Y. 107, 45 N.E. 354 (1896).

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