HUFFMAN v. ELLIS

Ordered that the order dated October 30, 1992, is reversed, on the law, without costs or disbursements, and the cause of action to recover damages for negligent infliction of emotional distress is dismissed; and it is further,

Ordered that the order dated October 31, 1992, is affirmed insofar as appealed from, without costs or disbursements.

We find that the plaintiffs' cause of action to recover damages for negligent infliction of emotional distress, as pleaded in the complaint, must be dismissed, because the infant plaintiff did not observe the death and/or serious injury of a member of her immediate family (see, Bovsun v. Sanperi, 61 N.Y.2d 219; Trombetta v. Conkling, 82 N.Y.2d 549).

Additionally, we find that the plaintiffs' request that the defendants supply driving record abstracts for all of their drivers for the two years prior to the accident was relevant and necessary to the plaintiffs' claim of negligent hiring practices by the defendants and was specific enough so as to not be unduly burdensome (see, CPLR 3120 [a] [1] [i]; Sullivan v. New York City Tr. Auth., 109 A.D.2d 879; Scheinfeld v Burlant, 98 A.D.2d 603). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.