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MARACALLO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

21 A.D.3d 318 (2005)

800 N.Y.S.2d 23

MARIA MARACALLO, Individually and as Administratrix of the Estate of DANIEL MARACALLO, Deceased, Respondent, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

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

August 18, 2005.

Given the undisputed facts, plaintiff's individual claims of emotional distress, caused by the lapse of time in the discovery of her son's body at the bottom of a swimming pool where he drowned while on a school outing, along with other actions by defendant in the aftermath of the accident, fail to state a cause of action in that she does not allege contemporaneous or consequential physical injury (see Johnson v. State of New York, 37 N.Y.2d 378

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