Nicholson v. A. Anastasio & Sons Trucking Co.

Appeal from an order of the Supreme Court, Seneca County (Dennis E Bender, A.J.), entered October 2, 2009. The order *1331granted the motion of defendants for partial summary judgment dismissing plaintiffs’ causes of action for negligent infliction of emotional distress.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the claims for negligent infliction of emotional distress are reinstated.

Memorandum: Plaintiffs commenced this action, individually and as parents of their three children, alleging that they sustained…