Opinion
95 Civ. 3913 (WK)
August 1, 2000
James Michael Lenihan, Esq., White Plains, NY, for plaintiffs.
Judith T. Kramer, Esq., New York State Dep't of Law, New York, NY, for defendants.
ORDER
Pursuant to leave granted in our June 6, 2000 Memorandum and Order, 2000 WL 726865, Joel Dasher has made a motion for reconsideration of one aspect of that Memorandum and Order. His instant motion is denied.
In our prior decision, we observed (id. at *10):
We are mindful, however, of Joel's insistence that, if given the opportunity, he could present further evidence of emotional distress. Therefore, we make our ruling on this point without prejudice to Joel's asking us to reconsider within twenty days. Within that time frame, Joel may file an affidavit specifically describing how defendant's conduct directly and proximately caused him emotional harm with physical manifestations. . .
The affidavit filed by Joel Dasher in support of the instant motion contains not a single word as to how defendant's conduct "caused" him emotional harm with physical manifestations. It merely asserts a legal conclusion of proximate causation. The affidavit is accompanied by one of his attorney making legal arguments that we have previously rejected.
The motion for reconsideration is accordingly DENIED.
SO ORDERED.