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.