From Casetext: Smarter Legal Research

Kyprianides v. Warwick Valley Humane

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2009
59 A.D.3d 600 (N.Y. App. Div. 2009)

Opinion

2009 NY Slip Op 01201, 873 N.Y.S.2d 710

February 17, 2009.

In an action, inter alia, to recover damages for the intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Orange County (Sherwood, J.), dated April 23, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Stephen Kyprianides, Lewiston, North Carolina, appellant pro se.

Thomas K. Moore, White Plains, N.Y. (J. David Aikman of counsel), for respondent.

Before: Spolzino, J.P., Santucci, Leventhal and Chambers, JJ.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment dismissing the cause of action which was, in effect, for the return of $250 allegedly paid to the defendant, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The defendant demonstrated its prima facie entitlement to summary judgment dismissing the causes of action to recover damages for intentional and negligent infliction of emotional distress. In opposition, the plaintiff failed to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324). The defendant demonstrated that it was authorized pursuant to Agriculture and Markets Law § 373 to take possession of the plaintiffs 15 dogs, 16 cats, 30 pigeons, and an iguana after finding them in crowded and unsanitary conditions in his home following a lawful police search ( see Agriculture and Markets Law § 373; Hand v Stray Haven Humane Socy. S.P.C.A., Inc., 21 AD3d 626, 630). Under the circumstances of this case, the defendant's conduct in euthanizing some of the animals was not sufficiently outrageous and egregious to support a claim for the intentional infliction of emotional distress ( see Perry v Valley Cottage Animal Hosp., 261 AD2d 522, 522-523), and New York law does not recognize a claim for negligent infliction of emotional distress for the loss of animals ( see Schrage v Hatzlacha Cab Corp., 13 AD3d 150; Johnson v Douglas, 289 AD2d 202; Jason v Parks, 224 AD2d 494, 495).

However, the defendant failed to meet its burden of showing its prima facie entitlement to summary judgment on the plaintiffs cause of action which was, in effect, for the return of $250 allegedly paid to the defendant ( see Alvarez v Prospect Hosp., 68 NY2d at 324).

The plaintiffs remaining claim regarding the cause of action based on conspiracy to obstruct justice is not properly before this Court.


Summaries of

Kyprianides v. Warwick Valley Humane

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2009
59 A.D.3d 600 (N.Y. App. Div. 2009)
Case details for

Kyprianides v. Warwick Valley Humane

Case Details

Full title:STEPHEN KYPRIANIDES, Appellant, v. WARWICK VALLEY HUMANE SOCIETY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 2009

Citations

59 A.D.3d 600 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1201
873 N.Y.S.2d 710

Citing Cases

Leistner v. David Vanini & Buffalo Barks, LLC

We reject plaintiff's contention that the court erred in granting that part of defendants’ motion seeking to…

Corkery v. Lenox Hill Veterinarians

(Schrage v Hatzlacha Cab Corp., 13 A.D.3d 150 [1st Dept 2004]). "[D]amages may not be recovered for emotional…