The New York Appellate Division, 1st Department’s 3-2 decision to vacate a jury’s $75,000 post-traumatic-stress award in a “fear of AIDS” case has drawn a scathing dissent from Justice James M. Catterson.

Catterson criticized the majority for adhering to a judicially created six-month limit for emotional damages in AIDS-phobia cases rather than allowing a jury to determine whether the plaintiff’s distress was “genuine” or “substantial,” as required by prior precedent.

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