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HASS v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

204 A.D.2d 208 (1994)

612 N.Y.S.2d 134

Lillian Hass et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant and Third-Party Plaintiff, et al., Defendant, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 24, 1994

The jury reasonably determined that plaintiff should recover for her emotional injuries as a result of being within the "zone of danger" when she witnessed her daughter's fatal accident (see, Bovsun v Sanperi, 61 N.Y.2d 219). Pursuant to the rule explicated in Bovsun, a defendant is subject to liability for a plaintiff's immediate emotional distress from viewing bodily harm to an immediate family member where the defendant...

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