AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

HARRIET DOYLE, Appellant, v. DOYLE-KOCH AGENCY, INC., et al., Respondents.

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

Contrary to the plaintiff's contention, the court properly dismissed her causes of action to recover damages for intentional infliction of emotional distress and prima facie tort. The plaintiff has not alleged facts which demonstrate extreme and outrageous conduct on the part of the defendants to support either tort ( see, Howell v. New York Post Co., 81 N.Y.2d 115, 121; Tramontozzi v. St. Francis Coll., 232 A.D.2d 629). Moreover, since there exists no tort in New York for abusive or wrongful discharge of an at-will employee, the plaintiff cannot subvert or circumvent the traditional at-will employment rule by recasting her causes of action as the tort of the intentional infliction of emotional distress or as a prima facie tort ( see, Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 303-304; Tramontozzi v. St. Francis Coll., supra).

Bracken, J.P., Copertino, Santucci and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

DOYLE v. DOYLE-KOCH AGENCY, INC
(Apr 13, 1998)