Opinion
July 15, 1996
Appeal from the Supreme Court, Queens County (O'Donoghue, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The circumstances under which recovery may be had for purely emotional harm are extremely limited, and, thus a cause of action seeking such recovery must generally be premised upon a breach of a duty owed directly to the plaintiff which either endangered the plaintiff's physical safety or caused the plaintiff to fear for his or her own physical safety (see, e.g., Bovsun v. Sanperi, 61 N.Y.2d 219; Lancellotti v. Howard, 155 A.D.2d 588). In this case, the plaintiff failed to satisfy the foregoing standard.
The Supreme Court did not improvidently exercise its discretion in restoring the action to the trial calendar on the condition that the plaintiff's attorney pay the sum of $250 to each defendant (cf., Lee v. Chion, 213 A.D.2d 602). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.