Klinge v. Ithaca CollegeKlinge v. Ithaca College
Appeal
Plaintiff Peter Klinge (hereinafter plaintiff) has been on the faculty and teaching cinema and photography at defendant Ithaca College (hereinafter the College) in the City of Ithaca, Tompkins County, since 1969. In the spring of 1983, after twice being denied promotion to a full professorship, plaintiff took a sabbatiсal and, with his wife, wrote and published a book entitled Evolution Of Film Styles (hereinafter the book). In 1985 plaintiff was promoted to full professor and, in 1992, he became chairperson оf the Cinema and Photography Department. In 1993 one of plaintiff’s colleagues, William Rowley, was approached by one of plaintiff’s former students who pоinted out several similarities between plaintiff’s book and the 1972 work of another author entitled Jean Renoir: The World of His Films. Thereafter, Rowley again met with the student who pointed out severаl additional passages in plaintiff’s book which were similar to passages contained in Close-Up: A Critical Perspective on Film, a 1972 book written by two other authors. Rowley conducted an independеnt investigation into the matter, concluded that plaintiff appeared to have engaged in conscious plagiarism and contacted another colleague, Patricia Zimmerman. Further investigation by the two colleagues revealed that other passages from the book closely resembled passagеs from books written by other authors in the early 1970s. In November 1993 Rowley and Zimmerman forwarded a formal report, citing and describing both the investigation and the specific instances of alleged plagiarism, to the Dean of the College’s School of Communication. The Dean conducted his own investigation into the matter and wrote a memorandum to the Provost of the College in which he concluded that the book was excessively derivative and resembled conscious plagiarism. Significаntly, in April 1994, one of the coauthors of Close-Up: A Critical Perspective on Film contacted plaintiff by letter regarding similarities between plaintiff’s book and her book, and also sent a copy of hеr letter to the Provost.
In June 1994 the Provost provided plaintiff with a detailed list of the allegations and plaintiff submitted a response which the Provost found unconvincing. Plaintiff wаs then advised that his rank, title and salary would be reduced; additionally, his course assignments were revised so that he no longer taught any research methods, complex analysis or sophisticated film
In February 1995 plaintiff аnd his wife commenced this action for breach of contract, intentional infliction of emotional distress, prima facie tort and loss of consortium against the College, its President, its Provost and "John Doe and Jane Roe”, who were identified as "members of the faculty * * * whose true names and identities have not yet been detеrmined”. The College answered and then moved for summary judgment seeking dismissal of the complaint. Plaintiffs opposed the College’s motion and cross-moved to amend their complaint by substituting the names of Rowley and Zimmerman for "John Doe and Jane Roe”. Supreme Court partially granted the College’s motion by dismissing the claims against the College for intentional infliction of emotional distress and prima facie tort; however, the court denied its motion with respect to the breach of cоntract claim. The court also granted plaintiffs’ cross motion, thereby adding Rowley and Zimmerman as defendants on the intentional infliction of emotional distress cаuse of action, and indicating that Rowley and Zimmerman could move for summary judgment after plaintiffs had an opportunity to conduct further discovery. An order was entered from which only the College appeals.
Initially, we note that the principal contention of the College is that Supreme Court erred in not dismissing the intentionаl infliction of emotional distress cause of action against Rowley and Zimmerman. The College asserts that it is an aggrieved party with respect to the claim against Rowley and Zimmerman, who have not appealed, because it has an obligation, pursuant to its rules and regulations, to indemnify faculty members for defense сosts and damages arising out of their "performance of College-related professional responsibilities”. The scope of appellate review upon a timely appeal is essentially limited to the provisions of the judgment which actually aggrieve the appellant (see, Hecht v City of New York,
Next, we find merit in the College’s contention that plaintiffs’ claim of intentional infliction of emotional distress against Rowlеy and Zimmerman should have been dismissed. In order to prevail on a claim for intentional infliction of emotional distress, a plaintiff must plead and prove that a defendant "engaged in extreme and outrageous conduct and that such conduct intentionally or recklessly caused severe emotional distress” (Natoli v City of Kingston,
Finally, the record does not support plaintiffs’ contentions that Rowley and Zimmerman breached confidentiality and failed to prеvent the spread of rumors and statements about plaintiff’s academic dishonesty. At least one of plaintiff’s students and one author discovered the alleged рlagiarism independently of Rowley and Zimmerman; additionally, Rowley and Zimmerman initially became aware of the apparent plagiarism in early 1992 while the first newspaper article was not published until November 1994, more than two years later. It is also significant that plaintiff’s demotion became public knowledge as early аs July 1994. Moreover, plaintiffs failed to introduce any proof, besides their bald assertions, of emotional distress; notably, plaintiff admits that he has not received any trеatment for his alleged distress. In our view, the complaint fails to sufficiently set forth facts necessary to support a cause
Mikoll, J. P., Yesawich Jr. and Peters, JJ., concur. Ordered that the order is mоdified, on the law, with costs to defendant Ithaca College, by reversing so much thereof as denied said defendant’s motion for summary judgment dismissing the cause of action for intentional infliction of emotional distress as to defendants William Rowley and Patricia Zimmerman; motion granted to that extent and said claim dismissed; and, as so modified, affirmed. [See,