Capolupo v. Trustees of Columbia University

Appellate Division of the Supreme Court of New York

Capolupo v. Trustees of Columbia University

193 A.D.2d 466, 597 N.Y.S.2d 363, 1993 N.Y. App. Div. LEXIS 4822

Appellate Division of the Supreme Court of the State of New York·Decided May 13, 1993·Published

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 28, 1992, dismissing plaintiff’s complaint for failure to state a cause of action, unanimously affirmed, without costs.

The IAS Court correctly held that because decedent’s fiancé was not a member of her immediate family, plaintiff has no cognizable cause of action for extreme emotional distress allegedly caused by his having witnessed the fatal injuries she suffered as a result of defendants’ negligence (Bovsun v Sanperi, 61 NY2d 219). Concur—Carro, J. P., Milonas, Ellerin and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 28, 1992, dismissing plaintiff’s complaint for failure to state a cause of action, unanimously affirmed, without costs.

The IAS Court correctly held that because decedent’s fiancé was not a member of her immediate family, plaintiff has no cognizable cause of action for extreme emotional distress allegedly caused by his having witnessed the fatal injuries she suffered as a result of defendants’ negligence (Bovsun v Sanperi, 61 NY2d 219). Concur—Carro, J. P., Milonas, Ellerin and Kassal, JJ.

Capolupo v. Trustees of Columbia University, 193 A.D.2d 466, 597 N.Y.S.2d 363, 1993 N.Y. App. Div. LEXIS 4822 (N.Y. Ct. App. 1993).

Pincite

193 A.D.2d 466 (Capolupo v. Trustees of Columbia University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related