Legal Opinion

Hass v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 1994PublishedCited by 5 opinions

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

  1. Bovsun v. SanperiNew York Court of Appeals · 1984
  2. DiMarco v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by5 opinions

  1. Wallace v. Parks Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Colombini v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Diaz v. Little Remedies Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. DIAZ, DELIRIS v. LITTLE REMEDIES CO., INC.Appellate Division of the Supreme Court of the State of New York · 2011
  5. LaMendola v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

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