Legal Opinion

General Accident Insurance v. Black & Decker (U. S.) Inc.

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

Decided November 12, 1999PublishedCited by 7 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for leave to amend the complaint to assert causes of action for negligent infliction of emotional distress on behalf of the children of plaintiffs Thomas McNulty and Nancy McNulty. Plaintiffs commenced this action for money damages sustained as a result of a house fire allegedly caused by a defective toaster oven manufactured by defendant. The children watched the fire from across the street and were never in any physical danger. There is no cause of action…

2Cases cited4 opinions

  1. Losquadro v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Dabb v. NYNEX Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Jensen v. L. C. Whitford Co.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Caprino v. SilsbyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by7 opinions

  1. In Re Methyl Tertiary Butyl Ether Products Liability LitigationDistrict Court, S.D. New York · 2005
  2. Probst v. CacoulidisAppellate Division of the Supreme Court of the State of New York · 2002
  3. Ketchmark v. Northern Indiana Public Service Co.Indiana Court of Appeals · 2004
  4. Sispo-Magro v. Morgan Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  5. In Re Air Crash at Belle Harbor, on Nov. 12, 2001District Court, S.D. New York · 2006

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