Caprino v. Silsby

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred insofar as it failed to grant that part of defendant’s motion seeking to dismiss plaintiffs’ first cause of action, for negligent infliction of emotional distress, and fourth cause of action, for derivative damages.

In the first cause of action, plaintiff Serafina Caprino alleges that she was working in the front yard of her residence when an automobile owned and operated by defendant jumped the curb, traveled within inches behind her and crashed into…