Intentional Infliction of Emotional Distress

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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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In a recently-filed complaint, captioned Vincent Cheung v. Terrell Harper, Sup. Ct. N.Y. Cty. Index No. 153780/2021 (filed April 21, 2021), the plaintiff – an Asian NYPD detective – asserts a claim for intentional infliction of emotional distress against the defendant, who allegedly directed racist insults against him. From the complaint: 3. That on March…

Read More Asian NYPD Detective’s Lawsuit Against Protester
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In Padilla v. Sacks and Sacks, LLP, 2020 WL 5370799 (S.D.N.Y. Sept. 8, 2020), the court dismissed plaintiff’s claims of sexual harassment and discrimination on the basis of gender and sexual orientation, wrongful discharge, and intentional infliction of emotional distress. Plaintiff, a gay Hispanic woman, was employed by defendant as a paralegal. After dismissing plaintiff’s…

Read More Discrimination, Sexual Harassment Allegations Did Not Make Out Claim For Intentional Infliction of Emotional Distress
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In Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…

Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior
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In Tantaros v. Fox News Network, LLC et al, 17-cv-2958, 2018 WL 2731268 (SDNY May 18, 2018), the court dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claims under the federal Wiretap Act, as well as intentional infliction of emotional distress. Plaintiff alleged, inter alia, “that Defendants physically surveilled her and secretly recorded her…

Read More Court Dismisses “Retaliatory Surveillance” Claim: Tantaros v. Fox News
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In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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In a recently-filed lawsuit, captioned Piatek v. The Happiest Hour and Jon Neidich (NY Sup. Ct., NY Cty., Index 152578/2017, filed 3/17/17), plaintiff alleges that he (while wearing a hat bearing the Donald Trump slogan “Make America Great Again”) “was unlawfully ridiculed, discriminated against and ejected from The Happiest Hour on account of his creed,…

Read More Lawsuit Alleges Public Accommodation Discrimination Against Bar by Trump Hat-Wearing Patron
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The Huffington Post reports that the woman who released worms and crickets on a NYC Subway on August 24, 2016, Zaida Pugh, said she did so as a prank. As can be seen on the video included in the article, the release of the creatures created pandemonium and caused people to scream in terror; apparently…

Read More Cricket Subway “Prank”: Intentional Infliction of Emotional Distress?
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