Marchionni v. Drexler
803 N.Y.S.2d 196
N.Y. App. Div.
2005
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Elizabeth Marchionni et al., Respondents, v Michael Drexler, Appellant.

Supreme Court, Appellate Division, Second Department, New York

October 31, 2005

803 NYS2d 196

In an action, inter alia, to recover damages for intentional infliction of emotional distress, etc., the defendant appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 8, 2004, as denied that branch of his motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7), and (2) from an unsigned transcript of the same court dated October 28, 2004.

Ordered that the appeal from the unsigned transcript is dismissed, without costs or disbursements, as no appeal lies therefrom (see ); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On a motion to dismiss an action pursuant to CPLR 3211 (a) (7), the court must accept as true the factual allegations of the complaint and accord the plaintiff all favorable inferences which may be drawn therefrom (see ; ). If the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed (see ). Here, the plaintiffs sufficiently pleaded a cause of action to recover damages for intentional infliction of emotional distress (see ; ; ). Accordingly, that branch of the defendant‘s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) was properly denied.

The defendant‘s remaining contentions are without merit.

Goldstein, J.P., Skelos, Fisher and Lunn, JJ., concur.