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Bridgers v. Wagner

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2011
80 A.D.3d 528 (N.Y. App. Div. 2011)

Summary

applying one-year statute of limitations to IIED claim

Summary of this case from Tchatat v. City of N.Y.

Opinion

No. 4105.

January 25, 2011.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 7, 2009, which, insofar as appealed from, granted defendant's motion for summary judgment dismissing the causes of action for defamation, slander, libel, tortious interference with business relations and with contract, and intentional infliction of emotional distress, unanimously affirmed, without costs.

Darrell Bridgers, New York, appellant pro se and for Franca Ferrari-Bridgers, appellant.

Ahmuty, Demers McManus, Albertson (Brendan T. Fitzpatrick of counsel), for respondent.

Before: Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels and Román, JJ.


The defamation, libel, slander and intentional infliction of emotional distress claims are barred by the one-year statute of limitations (CPLR 215). There is no basis to toll the limitations period. Defendant did nothing to actively mislead plaintiffs or prevent them from timely bringing this action ( see O'Hara v Bayliner, 89 NY2d 636, 646, cert denied 522 US 822). Moreover, defendant's e-mail to the board of directors of the cooperative, stating that he believed that plaintiffs had made unapproved renovations to their apartment, was not defamatory ( see Ferguson v Sherman Sq. Realty Corp., 30 AD3d 288), and his alleged conduct was not "extreme and outrageous," as required to establish intentional infliction of emotional distress ( see Howell v New York Post Co., 81 NY2d 115, 121).

Plaintiffs' allegation that the cooperative board's minutes referring to the allegedly illegal work performed in their apartment discouraged a potential purchaser is insufficient to support their claim of tortious interference with contract or with prospective business relations ( see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424-425).


Summaries of

Bridgers v. Wagner

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2011
80 A.D.3d 528 (N.Y. App. Div. 2011)

applying one-year statute of limitations to IIED claim

Summary of this case from Tchatat v. City of N.Y.

In Bridgers v. Wagner, 80 A.D.3d 528, 915 N.Y.S.2d 265 [1st Dept.2011],lv. denied17 N.Y.3d 717, 2011 WL 5829381 (2011), which arose out of many of the same facts and circumstances as the case at bar, this Court held, “Plaintiffs' allegation that the cooperative board's minutes referring to the allegedly illegal work performed in their apartment discouraged a potential purchaser is insufficient to supporttheir claim of tortious interference with contract or with prospective business relations” (id. at 528, 915 N.Y.S.2d 265).

Summary of this case from Bridgers v. W. 82nd St. Owners Corp.

In Bridgers, we also said that Wagner's “conduct was not extreme and outrageous, as required to establish intentional infliction of emotional distress” (id. [internal quotation marks omitted]).

Summary of this case from Bridgers v. W. 82nd St. Owners Corp.
Case details for

Bridgers v. Wagner

Case Details

Full title:DARRELL BRIDGERS et al., Appellants, v. CHRISTOFER WAGNER, Respondent

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

Date published: Jan 25, 2011

Citations

80 A.D.3d 528 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 413
915 N.Y.S.2d 265

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