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MAGRO v. MORGAN HOLDING CORP.

292 A.D.2d 154 (2002)

738 N.Y.S.2d 194

BEN MAGRO, an Infant, by SUSAN SISPO-MAGRO, His Mother and Natural Guardian, et al., Appellants, v. MORGAN HOLDING CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided March 5, 2002.

The motion court correctly held that plaintiffs had no viable cause of action for negligent infliction of emotional distress and ensuing emotional injury where, as here, observation of damage to personal property was the source of the psychological harm alleged (see, General Acc. Ins. Co. v Black & Decker, 266 A.D.2d 918; O'Connor v 72 St. E. Corp., 224 A.D.2d 246; Couri v Westchester...

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