44 A.D.2d 760 | N.Y. App. Div. | 1974
Order and judgment unanimously modified by reinstating the sixth, seventh, eighth and ninth causes of action, and otherwise order affirmed, with costs to plaintiff. Memorandum: This is an appeal from an order granting defendants’ motion to dismiss certain causes of action stated in the complaint prior to the service of an answer.' The order herein appealed from dismissed the sixth, seventh, eighth, ninth and eighteenth causes of action and denied defendants’ motion relative to dismissal of the fifth cause of action. Special Term also permitted amendment of the complaint so as to permit pleading the sixteenth and seventeenth causes of action in the alternative. Plaintiff, Bula Lee Blowers, was employed for over 10 years by the corporate defendant. The three individual defendants were employed by the corporate defendant in various managerial Capacities. On December 3, 1971 she was discharged allegedly for having lodged complaints of sex discrimination against her employer, and for refusing to take action, in her capacity as supervisor, against other employees making similar complaints. She and her husband seek to recover damages alleging various acts of libel, slander, intentional and negligent infliction of emotional harm, harassment, conversion and loss of services allegedly occurring during the months subsequent to her discharge. The complaint involves statements allegedly made to Mrs. Blowers’ fellow employees by the defendants, to the news media, and to the plaintiffs in the presence of family and others, with intent to demeaii her before her fellow employees and the public. It is also alleged that a further purpose of the defendants was to persuade plaintiff to withdraw her com-.
