From Casetext: Smarter Legal Research

Lincoln First Bank v. Barstro Associates

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1975
49 A.D.2d 1025 (N.Y. App. Div. 1975)

Opinion

October 31, 1975

Appeal from the Monroe Special Term.

Present — Marsh, P.J., Moule, Cardamone, Simons and Del Vecchio, JJ.


Order unanimously affirmed, without costs. Memorandum: Special Term properly considered all of the "contested" matters which were relevant to its determination (CPLR 3211, subd [c]) and correctly granted plaintiff's motion to dismiss defendants' counterclaim on the ground that it failed to state a cause of action (CPLR 3211, subd [a]) for either prima facie tort or the intentional infliction of emotional distress. Plaintiff's actions in allegedly threatening to encourage the Internal Revenue Service to act against defendant personally unless he gave plaintiff bank additional security were motivated by an intention to secure an economic benefit and were not solely intended to injure defendant in his trade, occupation, professional reputation or property (Squire Records v Vanguard Recording Soc., 25 A.D.2d 190, affd 19 N.Y.2d 797). Further, plaintiff's single action falls far short of the pattern of conduct in those cases which held claims for intentional infliction of emotional distress legally sufficient (contrast Nader v General Motors Corp., 25 N.Y.2d 560; Long v Beneficial Finance Co. of N.Y., 39 A.D.2d 11; Prince v Gurvitz, 37 A.D.2d 727). The law does not fasten liability on mere threats, annoyances or petty oppressions or other trivial incidents which must necessarily be expected and are incidental to modern life no matter how upsetting. It is only where the conduct complained of is of such a character as to exceed all reasonable bounds of decency that the law will recognize it as an actionable tort (Restatement, Torts, 2d, § 46).


Summaries of

Lincoln First Bank v. Barstro Associates

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1975
49 A.D.2d 1025 (N.Y. App. Div. 1975)
Case details for

Lincoln First Bank v. Barstro Associates

Case Details

Full title:LINCOLN FIRST BANK OF ROCHESTER, Respondent, v. BARSTRO ASSOCIATES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 31, 1975

Citations

49 A.D.2d 1025 (N.Y. App. Div. 1975)

Citing Cases

James v. Saltsman

One can only infer from the allegations in paragraph 21 of the amended verified complaint that the landlord…

Zimmerman v. Carmack

Liability may be imposed for the intentional infliction of emotional distress "`only where the conduct has…