LIRANZO v. N.Y. CITY HEALTH AND HOSPITALS

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Docket Number

2001-05301

Attorney(S)

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Elizabeth S. Natrella of counsel), for appellants. Renfroe Quinn, Forest Hills, N.Y. (John E. Quinn of counsel), for respondents.

Judges

Robert J. Miller

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LOURDES LIRANZO, ETC., ET AL., respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., appellants.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, with costs, the branch of the motion which was for summary judgment dismissing the fourth cause of action is granted, and that cause of action is dismissed.

Public policy bars claims for intentional infliction of emotional distress against a governmental entity (see Lauer v. City of New York, 240 A.D.2d 543; Wheeler v. State of New York, 104 A.D.2d 496). In any event, the acts allegedly committed by the defendants do not rise to the level of extreme and outrageous conduct required to sustain such a cause of action (see Howell v. New York Post Co., 81 N.Y.2d 115; Zimmerman v. Carmack, 292 A.D.2d 601; MacLeay v. Arden Hill Hosp., 164 A.D.2d 228). Accordingly, the cause of action to recover damages for intentional infliction of emotional distress is dismissed.

ALTMAN, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

LOURDES LIRANZO, ETC., ET AL., respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., appellants.

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