A Brooklyn Supreme Court justice has set the stage for a battle between the plaintiff’s negligence bar and the negligence defense bar with a July 15 decision on a motion to dismiss in Deblase v. Hill, 2024 NY Slip Op 50901(U).

The issue is whether it is time for New York to expand the zone of danger doctrine to include a situation where a person is nearly injured by a vehicle driver while witnessing the family dog being killed.