Tissenbaum v. Aerovias Nacionales De Colombia, S.A.

MEMORANDUM and ORDER

PLATT, Chief Judge.

Plaintiffs seek to recover from Aerovías Nacionales De Columbia (“AVIANCA”) for the negligent infliction of emotional distress allegedly caused when AVIANCA Flight 052 crashed into the plaintiffs’ property and for the property damage sustained by the crash. Defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56 on the grounds that New York law does not allow recovery for purely emotional distress injuries, negligently inflicted, under the facts set forth in this case and that plaintiffs have already recovered for the property damage from Aetna…