15 Cited authorities

  1. Bovsun v. Sanperi

    61 N.Y.2d 219 (N.Y. 1984)   Cited 293 times
    Holding that "where a defendant negligently exposes a plaintiff to an unreasonable risk of bodily injury or death, the plaintiff may recover, as a proper element of his or her damages, damages for injuries suffered in consequence of the observation of the serious injury or death of a member of his or her immediate family"
  2. McDougald v. Garber

    73 N.Y.2d 246 (N.Y. 1989)   Cited 232 times
    Vacating award because jury erroneously instructed loss of enjoyment of life did not require consciousness
  3. Spensieri v. Lasky

    94 N.Y.2d 231 (N.Y. 1999)   Cited 89 times   1 Legal Analyses
    Noting parties conceded insert was hearsay but allowing the evidence to show standard of care
  4. Trombetta v. Conkling

    82 N.Y.2d 549 (N.Y. 1993)   Cited 40 times
    Denying recovery for negligent infliction of emotional distress to the aunt of the injured party, who was clearly within the zone of danger at the time of the accident, because she was not an immediate family member
  5. Stinton v. Robin's Wood

    45 A.D.3d 203 (N.Y. App. Div. 2007)   Cited 17 times
    In Stinton v. Robin's Wood, Inc., 45 AD3d 203 (2d Dep't 2007), the Plaintiff in a personal injury action sought to depose Defendant's employee who had been painting an area where the Plaintiff fell.
  6. Feng v. Metropolitan Transportation Authority

    285 A.D.2d 447 (N.Y. App. Div. 2001)   Cited 17 times
    Finding that plaintiff's conduct in standing immediately next to active train tracks while facing away from oncoming train traffic was a “superseding cause necessarily relieving the defendants of liability”
  7. Nussbaum v. Gibstein

    73 N.Y.2d 912 (N.Y. 1989)   Cited 29 times

    Argued January 4, 1989 Decided February 21, 1989 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Angelo Graci, J. Michael A. Ellenberg for appellants. Thomas A. Moore for respondent. MEMORANDUM. The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and a new trial granted on the issue of damages on the first cause of action. Plaintiff's decedent, Elaine Celetti, died on June 8, 1985, nearly two years after discovering

  8. Doyle v. Doyle

    214 A.D.2d 918 (N.Y. App. Div. 1995)   Cited 19 times

    April 27, 1995 Appeal from the Supreme Court, Orange County (Patsalos, J.). Casey, J. In a divorce action based upon cruel and inhuman treatment, a plaintiff must generally show a course of conduct by the defendant spouse which is harmful to the physical or mental health of the plaintiff, making cohabitation unsafe or improper, and when the marriage is of long duration a high degree of proof of serious or substantial misconduct is required (Brady v Brady, 64 N.Y.2d 339, 343-345). Assuming that plaintiff's

  9. Gonzalez v. New York City Housing Authority

    181 A.D.2d 440 (N.Y. App. Div. 1992)   Cited 22 times
    Holding that mother who was held back by another passenger in the rear of the elevator when her daughter was killed by elevator doors was not in the zone of danger
  10. Jun Chi Guan v. Tuscan Dairy Farms

    24 A.D.3d 725 (N.Y. App. Div. 2005)   Cited 7 times
    Holding that a grandmother was not an immediate family member of her deceased grandson
  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation