From Casetext: Smarter Legal Research

Doyle v. Doyle-Koch Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 357 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the Supreme Court, Nassau County (Kohn, J.)


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the court properly dismissed her causes of action to recover damages for intentional infliction of emotional distress and prima facie tort. The plaintiff has not alleged facts which demonstrate extreme and outrageous conduct on the part of the defendants to support either tort ( see, Howell v. New York Post Co., 81 N.Y.2d 115, 121; Tramontozzi v. St. Francis Coll., 232 A.D.2d 629). Moreover, since there exists no tort in New York for abusive or wrongful discharge of an at-will employee, the plaintiff cannot subvert or circumvent the traditional at-will employment rule by recasting her causes of action as the tort of the intentional infliction of emotional distress or as a prima facie tort ( see, Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 303-304; Tramontozzi v. St. Francis Coll., supra).

Bracken, J.P., Copertino, Santucci and Florio, JJ., concur.


Summaries of

Doyle v. Doyle-Koch Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 357 (N.Y. App. Div. 1998)
Case details for

Doyle v. Doyle-Koch Agency, Inc.

Case Details

Full title:HARRIET DOYLE, Appellant, v. DOYLE-KOCH AGENCY, INC., et al., Respondents

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 357 (N.Y. App. Div. 1998)
670 N.Y.S.2d 774

Citing Cases

Saleemi v. Pencom Systems Incorporated

A plaintiff may not, however, use an action in tort to circumvent a threshold deficiency in what is…

Miller v. Nat'l Prop. Mgmt.

Here, the fourth cause of action alleges that defendants committed IIED by collectively engaging in various…