ADAMS v. OAK PARK MARINA INC (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Linda ADAMS, et al., Plaintiffs-Appellants, v. OAK PARK MARINA INC., Edwin Lupo and Todd Lupo, Defendants-Respondents.

Decided: May 07, 1999

PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., SCUDDER and BALIO, JJ.

Christopher Ciaccio, Rochester, for plaintiffs-appellants. Richard Alexander, for defendants-respondents.

Supreme Court erred in granting that part of defendants' motion for summary judgment seeking dismissal of the causes of action for negligent and reckless infliction of emotional distress. With respect to negligent infliction of emotional distress, the underlying statutory duty pursuant to General Business Law § 395-b (2) is breached by the installation of the video camera; whether a plaintiff was actually videotaped is not an essential element of the offense (see, Salamone v. Oak Park Marina, 259 A.D.2d 987, 688 N.Y.S.2d 362). With respect to reckless infliction of emotional distress, it is likewise unnecessary to establish that a plaintiff was actually videotaped (see, Salamone v. Oak Park Marina, supra; Harkey v. Abate, 131 Mich.App. 177, 346 N.W.2d 74).

Order unanimously modified on the law and as modified affirmed with costs to plaintiffs.

MEMORANDUM:

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