Opinion
April 26, 1999
Appeal from the Supreme Court, Westchester County (DiBlasi, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly dismissed the first and second causes of action asserted in proposed amended complaint on behalf of the plaintiff Brian Nauheimer, Jr., as time-barred, since the allegations of breach of trust were merely incidental to the intentional tort claims asserted on behalf of that plaintiff, as to which the Statute of Limitations had expired ( see, Tserotas v. Greek Orthodox Archdiocese, 251 A.D.2d 323; Sharon B. v. Reverend S., 244 A.D.2d 878; Doe v. Roe, 192 A.D.2d 1089).
The Supreme Court was also correct in dismissing the fifth cause of action asserted in the proposed amended complaint on behalf of the plaintiff Brian Nauheimer to recover damages for intentional infliction of emotional distress. Although timely interposed on behalf of that plaintiff, the conduct alleged in that cause of action did not rise to a level which would satisfy the element of "extreme and outrageous conduct" ( see, Howell v. New York Post Co., 51 N.Y.2d 115, 121, affd in part 82 N.Y.2d 690; Andrews v. Bruk, 220 A.D.2d 376).
The plaintiffs' remaining contentions are without merit.
Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.