Fourth Department declares no “negligent handshake” cause of action in New York. Karen J. Krogman Daum secured dismissal of a “negligent handshake” case on appeal with the Fourth Department. Plaintiff alleged defendant negligently shook her hand, causing fractures. Defendant moved for summary judgment, arguing there was no valid cause of action. Importantly, this is entirely new topic of law because there is no binding or precedent case law pertaining to “negligent handshakes.” Supreme Court granted defendant’s motion, and plaintiff appealed to the Fourth Department. After a heated oral argument, the Fourth Department affirmed Supreme Court’s ruling and dismissed the case. This decision establishes New York law that there is no such cause of action for a “negligent handshake.”
Fourth Department Rejects Plaintiff’s Negligent Handshake Claim and Dismisses Case
