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Attorney succeeded in having the appellate court, sitting en banc, vacate a judgment for plaintiff and award new trial in a premises liability case.

Attorney succeeded in having the appellate court, sitting en banc, vacate a judgment for plaintiff and award new trial in a premises liability case based on tenant's claim that she had been exposed to, and emotionally traumatized by, a fellow-tenant masturbating in an apartment building vestibule, as a result of the landlord allegedly failing to provide for proper building security. The court's decision included a ruling that plaintiff, on the retrial of the case, could not recover for emotional stress she supposedly suffered due to witnessing the lewd conduct because she had not sustained any physical injury, and, as a matter of law, damages for emotional distress are generally not allowed in the absence of physical harm.

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