History
  • No items yet
midpage
Welsh v. Haven Manor Health Care Center
2005 N.Y. App. Div. LEXIS 1843
| N.Y. App. Div. | 2005
|
Check Treatment

In an action to recover damages for intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated February 18, 2004, which granted the defendant’s motion to dismiss the complaint pursuant to CFLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

The plaintiffs conclusory assertions were insufficient to set forth a cause of action sounding in intentional infliction of emotional distress (see Howell v New York Post Co., 81 NY2d 115 [1993]; Shannon v MTA Metro-N. R.R., 269 AD2d 218, 219 [2000]).

The defendant’s remaining contention need not be addressed in light of our determination. Florio, J.E, Krausman, Goldstein and Mastro, JJ., concur.

Case Details

Case Name: Welsh v. Haven Manor Health Care Center
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 22, 2005
Citation: 2005 N.Y. App. Div. LEXIS 1843
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.