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Misek-Falkoff v. Int'l Bus. Machines Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 1990
162 A.D.2d 211 (N.Y. App. Div. 1990)

Opinion

June 14, 1990

Appeal from the Supreme Court, Westchester County (Vincent Gurahian, J.).


Plaintiff seeks recovery for infliction of emotional distress based upon various acts committed by International Business Machines Corporation (IBM) employees. The majority of these acts occurred more than one year prior to commencement of this action. Those which occurred within a year prior to commencement of the action were the placement of plaintiff on medical disability, and the refusal to release certain personal records allegedly belonging to the plaintiff but stored in IBM computer files. The latter claim is also apparently the subject of another pending action.

The motion court properly applied a one-year Statute of Limitations to the cause of action for intentional infliction of emotional distress (Gallagher v. Directors Guild, 144 A.D.2d 261). Excluding those alleged acts which were beyond the limitations period, the complaint was properly dismissed. Viewing the allegations of the complaint most favorably to the plaintiff, the conduct alleged was not so egregious as to sustain the cause of action (Murphy v. American Home Prods. Corp., 58 N.Y.2d 293). Absent concrete factual allegations of a continuing conspiracy or concerted course of action against plaintiff, we need not reach the issue of whether, if properly pleaded, the acts more remote in time could be considered actionable as part of a "continuing" tort.

Concur — Murphy, P.J., Milonas, Rosenberger, Asch and Rubin, JJ.


Summaries of

Misek-Falkoff v. Int'l Bus. Machines Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 14, 1990
162 A.D.2d 211 (N.Y. App. Div. 1990)
Case details for

Misek-Falkoff v. Int'l Bus. Machines Corp.

Case Details

Full title:LINDA D. MISEK-FALKOFF et al., Appellants, v. INTERNATIONAL BUSINESS…

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

Date published: Jun 14, 1990

Citations

162 A.D.2d 211 (N.Y. App. Div. 1990)
556 N.Y.S.2d 331

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