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ALLSTATE INSURANCE COMPANY v. BURGER KING CORP.

25 A.D.3d 472 (2006)

808 N.Y.S.2d 74

ALLSTATE INSURANCE COMPANY et al., Plaintiffs, and JAY A. KRANIS et al., Appellants, v. BURGER KING CORP. et al., Respondents, et al., Defendant.

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

January 24, 2006.

The Kranis plaintiffs had no viable cause of action for negligent infliction of emotional distress arising out of the negligent destruction of their property where there is no claim that plaintiffs themselves were in any physical danger (see Curbean v Kibel, 12 A.D.3d 206 [2004]; Golden v Manhasset Condominium, 2 A.D.3d 345, 346 [2003]; Probst v Cacoulidis, 295 A...

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