ious physical injury or death inflicted by the defendant’s conduct on a member of the plaintiff's immediate family in his or her presence.” Bovsun v. Sanper, 61 N.Y.2d 219, 223-24, 473 N.Y.S.2d 357, 461 N.E.2d 848 (1984). Under the direct duty theory, a plaintiff suffers emotional dis- tress caused by “de