61 N.Y.2d 219 (1984)

Jack E. Bovsun et al., Appellants, v. Gary T. Sanperi et al., Respondents. Lawrence E. Kugel, Individually and as Administrator of The Estate of Stephanie Kugel, an Infant, Deceased, et al., Appellants, v. Mid-Westchester Industrial Park, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 23, 1984.

Attorney(s) appearing for the Case

Edgar T. Schleider for appellants in the first above-entitled action.

Michael Wolpinsky and Bernard Pizzitola for respondents in the first above-entitled action.

Donald H. Zuckerman for appellants in the second above-entitled action.

Lawrence T. D'Aloise, Jr., for Mid-Westchester Industrial Park, Inc., respondent in the second above-entitled action.

Emanuel Thebner for Barbara B. Rooney, respondent in the second above-entitled action.

R. Christopher Owen for Lawrence E. Kugel, as respondent on the counterclaim in the second above-entitled action.

Chief Judge COOKE and Judges JASEN and MEYER concur with Judge JONES; Judge KAYE dissents and votes to affirm in a separate opinion in which Judges WACHTLER and SIMONS concur; Judge WACHTLER dissents in a dissenting memorandum in which Judge SIMONS also concurs.


Where a defendant's conduct is negligent as creating an unreasonable risk of bodily harm to a plaintiff and such conduct is a substantial factor in bringing about injuries to the plaintiff in consequence of shock or fright resulting from his or her contemporaneous observation of serious physical injury or death inflicted by the defendant's conduct on a member...

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