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Zone of Danger

A grandmother is the “immediate family” of her granddaughter, the New York Court of Appeals ruled, finding that the grandmother can sue the owner of a building for emotional distress arising from the grandchild’s death after the two were suddenly struck by debris that fell from the facade of the building. The grandmother may pursue her claim for bystander recovery under a “zone of danger” theory, the court ruled.

ALBANY, N.Y. — A grandmother is the “immediate family” of her granddaughter, the New York Court of Appeals ruled, finding that the grandmother can sue the owner of a building for emotional distress arising from the grandchild’s death after the two were suddenly struck by debris that fell from the facade of the building. The grandmother may pursue her claim for bystander recovery under a “zone of danger” theory, the court ruled.

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