Tuesday, October 6, 2015

A claim of negligent infliction of emotional distress in a family dispute.

Practice point:  The Appellate Division affirmed dismissal for failure to state a claim in this action where plaintiff alleged that defendant called plaintiff a "criminal" in front of her children, and attempted to coerce her into paying money to settle a family dispute. The Appellate Division found that these allegations do not set forth conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.

Student note:  The plaintiff's children's claims for negligent infliction of emotional distress are inadequately pled, as they do not allege that, while in the zone of danger, they observed a family member's death or serious injury.

Case:  Kornicki v. Shur, NY Slip Op 07048 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  An attorney's account stated claim and a motion to renew.