STONECIPHER v. BOSSUOT LUNDY FUNERAL HOME INC

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Supreme Court, Appellate Division, Fourth Department, New York.

Cherry STONECIPHER, Individually and as Executrix of Estate of Donald Coffie, Deceased, Respondent, v. BOSSUOT-LUNDY FUNERAL HOME, INC., Appellant.

Decided: April 25, 1997

Before DENMAN, P.J., and PINE, CALLAHAN, BOEHM and FALLON, JJ. Sanders D. Heller, Gouverneur, for Appellant. Neil J. Cunningham, Lafayette, for Respondent.

Supreme Court erred in denying defendant's motion to dismiss the complaint, in which plaintiff seeks damages for negligent infliction of emotional distress arising out of the failure of defendant to inform plaintiff when her father was buried.   Plaintiff does not allege that defendant promised to inform her of the date of the burial or that plaintiff requested that defendant do so.   Plaintiff's cause of action does not fall within any recognized exception to the general rule that a cause of action for negligent infliction of emotional distress must be premised upon “conduct that unreasonably endangers the plaintiff's physical safety” (Losquadro v. Winthrop Univ. Hosp., 216 A.D.2d 533, 534, 628 N.Y.S.2d 770;  see, Glendora v. Gallicano, 206 A.D.2d 456, 615 N.Y.S.2d 45;  cf., Lando v. State of New York, 39 N.Y.2d 803, 385 N.Y.S.2d 759, 351 N.E.2d 426;  Johnson v. State of New York, 37 N.Y.2d 378, 372 N.Y.S.2d 638, 334 N.E.2d 590).

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

MEMORANDUM: