The following excerpt is from Malik v. Carrier Corp., 202 F.3d 97 (2nd Cir. 1998):
1, that the defendants' conduct created an unreasonable risk of causing emotional distress; 2, that the defendant knew or should have known that its conduct created this unreasonable risk, and from the facts known to it at the time it acted, that the emotional distress, if caused, might result in illness or bodily harm to the plaintiff; 3, that the defendant's conduct was the proximate or legal cause of plaintiff's emotional distress; and 4, that the emotional distress that the plaintiff suffered was severe.
Malik v. Carrier Corp., 986 F. Supp. 86, 93 (D. Conn. 1997).
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