AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

SAVITRI I. POLIAH, Appellant, v. WESTCHESTER COUNTY COUNTRY CLUB, INC., Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the cause of action alleging the intentional infliction of emotional distress. Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference ( see Leon v. Martinez, 84 NY2d 83, 87-88), we conclude the complaint fails to state such a cause of action ( see Howell v. New York Post Co., 81 NY2d 115, 121; Murphy v. American Home Prods. Corp., 58 NY2d 293, 303), since the conduct complained of consisted of mere insults, indignities, and annoyances ( see Harville v. Lowville Cent. School Dist., 245 AD2d 1106, 1107; Leibowitz v. Bank Leumi Trust Co. of N.Y., 152 AD2d 169, 182).

Use AI to get other relevant cases.

Comments

POLIAH v. WESTCHESTER COUNTY COUNTRY CLUB, IN
(Jan 24, 2005)