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SHIPLEY v. WILLIAMS

14 Misc.3d 682 (2006)

826 N.Y.S.2d 882

SHANNON SHIPLEY, an Infant, by Her Father and Natural Guardian, ANDRE SHIPLEY, Plaintiff, v. WARREN S. WILLIAMS, JR., et al., Defendants.

Supreme Court, Richmond County.

December 14, 2006.

Attorney(s) appearing for the Case

Stockschlaeder, McDonald & Sules, New York City and Kay & Gray, Westbury, for defendants.

Ameduri, Galante & Friscia, Staten Island, for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

In this case of apparent first impression in New York, this court has determined that a brother and a sister are "immediate family" members for purposes of establishing a cause of action for emotional distress when they were both within a "zone of danger" while the sister observed her brother sustain serious physical injury and death.

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