Opinion
Submitted September 26, 2000
October 23, 2000.
In an action, inter alia, to set side a trust, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated September 15, 1999, as granted that branch of the defendants' motion which was to dismiss the complaint.
Cary Scott Goldinger, Garden City, N.Y. (Robert E. Baumann, Jr., of counsel), for appellant.
Mary Lou Chatterton, New York, N.Y., for respondents.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Taking the allegations of the complaint as true and resolving all reasonable inferences in favor of the pleader (see, Gaidon v. Guardian Life Ins. Co. of Am., 94 N.Y.2d 330; Morone v. Morone, 50 N.Y.2d 481; Guggenheimer v. Ginzburg, 43 N.Y.2d 268), the plaintiff failed to state a cause of action to recover damages for intentional or negligent infliction of emotional distress (see, Murphy v. American Home Prods. Corp., 58 N.Y.2d 293; Cunningham v. Mertz, 265 A.D.2d 370; Perry v. Valley Cottage Animal Hosp., 261 A.D.2d 522). Thus, the complaint was properly dismissed.
The plaintiff's remaining contentions are without merit.