82 N.Y.2d 549 (1993)

626 N.E.2d 653

605 N.Y.S.2d 678

Darlene Trombetta, Appellant, v. Fred J. Conkling et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1993.

Attorney(s) appearing for the Case

Anthony A. Murad, Utica, and Louis T. Brindisi for appellant.

Petrone & Petrone, P. C., Utica (James P. Godemann of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., SMITH and LEVINE concur.


Plaintiff-appellant's case poses a significant tort duty question for this Court. We must now decide whether plaintiff, the niece of a woman who was killed in an accident in plaintiff's presence and with whom plaintiff shared a long and strong emotional bond, may qualify to bring suit as a bystander for the negligent infliction of emotional injuries under the Bovsun v Sanperi (

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