Hass v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Amended judgment, Supreme Court, New York County (Martin Stecher, J.), entered December 8, 1992, after a jury trial, which, inter alia, awarded judgment in favor of plaintiff, in the amount of $1,100,000 plus interest, is unanimously affirmed, without costs or disbursements.
The jury reasonably determined that plaintiff should recover for her emotional injuries as a result of being within the "zone of danger” when she witnessed her daughter’s fatal accident (see, Bovsun v Sanperi, 61 NY2d 219). Pursuant to the rule explicated in Bovsun, a defendant is subject to liability for a plaintiff’s…
2Cases cited2 opinions
- Bovsun v. SanperiNew York Court of Appeals · 1984
- DiMarco v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1988
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- DIAZ, DELIRIS v. LITTLE REMEDIES CO., INC.Appellate Division of the Supreme Court of the State of New York · 2011
- LaMendola v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2006