Monday, March 13, 2017

An insufficient claim of intentional infliction of emotional distress.

Practice point:  Plaintiff's factual allegation that defendant made false statements to the police, causing her arrest and incarceration, was insufficient as a matter of law to constitute the extreme and outrageous behavior necessary to sustain the claim.

Case:  Matthaus v. Hadjedj, NY Slip Op 01636 (1st Dep't March 2, 2017)

Here is the decision.

Tomorrow's issue:  September 11 and the presumption of causation.