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IN RE AIR CRASH DISASTER AT COVE NECK LONG ISLAND, N.Y.

No. 90 CV 2354 (TCP).

885 F.Supp. 434 (1995)

In re AIR CRASH DISASTER AT COVE NECK, LONG ISLAND, NEW YORK ON JANUARY 25, 1990. Samuel TISSENBAUM and Nettie Tissenbaum, Plaintiffs, v. AEROVIAS NACIONALES DE COLOMBIA, S.A., doing business as Avianca Airlines, Defendant.

United States District Court, E.D. New York.

March 28, 1995.

Attorney(s) appearing for the Case

Marc S. Moller and Blanca Rodriguez, Kreindler & Kreindler, New York City, for plaintiffs Tissenbaum.

Michael Holland, Condon & Forsyth, New York City, for defendant Avianca Airlines.

MEMORANDUM and ORDER

PLATT, Chief Judge.

Plaintiffs seek to recover from Aerovias Nacionales De Columbia ("AVIANCA") for the negligent infliction of emotional distress allegedly caused when AVIANCA Flight 052 crashed into the plaintiffs' property and for the property damage sustained by the crash. Defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56 on the grounds that New York law does not allow recovery for purely emotional distress...

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