From Casetext: Smarter Legal Research

Poliah v. Westchester County Country Club, in

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2005
14 A.D.3d 601 (N.Y. App. Div. 2005)

Opinion

2004-02403

January 24, 2005.

In an action, inter alia, to recover damages for intentional infliction of emotional distress, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered February 24, 2004, as granted that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the cause of action alleging intentional infliction of emotional distress.

Before: H. Miller, J.P., Goldstein, Crane and Skelos, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the cause of action alleging the intentional infliction of emotional distress. Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference ( see Leon v. Martinez, 84 NY2d 83, 87-88), we conclude the complaint fails to state such a cause of action ( see Howell v. New York Post Co., 81 NY2d 115, 121; Murphy v. American Home Prods. Corp., 58 NY2d 293, 303), since the conduct complained of consisted of mere insults, indignities, and annoyances ( see Harville v. Lowville Cent. School Dist., 245 AD2d 1106, 1107; Leibowitz v. Bank Leumi Trust Co. of N.Y., 152 AD2d 169, 182).


Summaries of

Poliah v. Westchester County Country Club, in

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2005
14 A.D.3d 601 (N.Y. App. Div. 2005)
Case details for

Poliah v. Westchester County Country Club, in

Case Details

Full title:SAVITRI I. POLIAH, Appellant, v. WESTCHESTER COUNTY COUNTRY CLUB, INC.…

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

Date published: Jan 24, 2005

Citations

14 A.D.3d 601 (N.Y. App. Div. 2005)
787 N.Y.S.2d 902

Citing Cases

Zane v. Corbett

In their bill of particulars, plaintiffs gave specific examples of defendant's conduct directed at…

York v. Marsella

Indeed, insults and indignities are not. sufficient to sustain a cause of action for intentional infliction…