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O'Connor v. 72 Street East Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 246 (N.Y. App. Div. 1996)

Opinion

February 8, 1996

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


In view of the fact that there was no dispute that the valve manufactured by Sloan was defective, and that Sloan failed to submit any evidentiary proof in admissible form to rebut the permissible inference of negligence, summary judgment should have been granted based upon the doctrine of res ipsa loquitur ( Dillenberger v. 74 Fifth Ave. Owners Corp., 155 A.D.2d 327).

The IAS Court was correct in ruling that plaintiffs had no cause of action for emotional distress as recovery for emotional distress or ensuing physical injury may not be predicated upon the observation of damage to one's property ( see, Couri v Westchester Country Club, 186 A.D.2d 712, 715, lv dismissed in part and denied in part 81 N.Y.2d 912; Stanley v. Smith, 183 A.D.2d 675).

Lastly, in light of the dismissal of plaintiffs' claims for emotional distress, we find no fault in the IAS Court's transfer of this matter to the Civil Court pursuant to CPLR 325 (d).

Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.


Summaries of

O'Connor v. 72 Street East Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 246 (N.Y. App. Div. 1996)
Case details for

O'Connor v. 72 Street East Corp.

Case Details

Full title:KATHERINE O'CONNOR et al., Appellants, v. 72 STREET EAST CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 8, 1996

Citations

224 A.D.2d 246 (N.Y. App. Div. 1996)
637 N.Y.S.2d 412

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