PLECHAVICIUS v. MENDOZA

Ordered that the order is reversed, with costs, and the motion is denied.

Taking all the allegations pleaded as true, the plaintiffs' complaint makes out causes of action sounding in intentional infliction of emotional distress, assault, and conversion. Therefore, the motion to dismiss the complaint as failing to state a cause of action should not have been granted (see, Sanders v. Winship, 57 N.Y.2d 391, 394; Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275). We have considered the plaintiffs' other contention and find it to be without merit. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.