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Capolupo v. Trustees of Columbia University

193 A.D.2d 466 Court N.Y. App. Div. Decision date 1993-05-13 English

Contents

Majority

p. 466
Joseph Capolupo, Appellant, v Trustees of Columbia
p. 467
University in the City of New York et al., Respondents.
[597 NYS2d 363]

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 28, 1992, dismissing plaintiff’s complaint for failure to state a cause of action, unanimously affirmed, without costs.

The IAS Court correctly held that because decedent’s fiancé was not a member of her immediate family, plaintiff has no cognizable cause of action for extreme emotional distress allegedly caused by his having witnessed the fatal injuries she suffered as a result of defendants’ negligence (Bovsun v Sanperi, 61 NY2d 219 ). Concur—Carro, J. P., Milonas, Ellerin and Kassal, JJ.

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