Opinion
570182/04.
Decided October 1, 2004.
Plaintiffs appeal from an order of the Civil Court, New York County, entered February 9, 2004 (Delores J. Thomas, J.) granting defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7).
Order entered February 9, 2004 (Delores J. Thomas, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Plaintiffs' cause of action seeking damages for the defendant-landlords' claimed breach of the Roommate Law was properly dismissed, in the absence of any showing that plaintiffs sustained "actual damages" in the form of out-of-pocket expenses or otherwise (Real Property Law § 235-f[b]). Also properly dismissed were plaintiffs' claims for intentional infliction of emotional distress and punitive damages, since any statutory or contractual violations committed by defendant with respect to plaintiffs' tenancy were not so outrageous or extreme as to go beyond all possible bounds of decency ( see Duane Thomas LLC v. Wallin, 8 AD3d 193) and was neither aimed at the public generally nor involved "egregious culpable conduct" ( Silverman v. 145 Tenants Corp., 248 AD2d 261, 262). The affidavits submitted on the motion to dismiss the complaint pursuant to CPLR 3211 were properly considered inasmuch as they conclusively established that plaintiffs have no cause of action ( see Rovello v. Orofino Realty Co., 40 NY2d 633, 636; Taylor v. Pulvers, Pulvers, Thompson Kuttner, P.C., 1 AD3d 128).
This constitutes the decision and order of the court.