Opinion
2004-780 QC.
Decided March 3, 2005.
Appeal by plaintiff from an order of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered February 18, 2004, which granted defendant's motion for summary judgment dismissing the complaint.
Order unanimously affirmed with $10 costs.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Plaintiff claims that defendant failed to stop after defendant's vehicle struck plaintiff's car and that when defendant finally stopped at a police station, defendant falsely told the police that he did not collide with plaintiff's car. After defendant's automobile insurance carrier only offered to pay plaintiff one half of the value of the damage allegedly caused by defendant's vehicle in settlement of plaintiff's property damage claim, plaintiff commenced this action seeking to recover damages due to injurious falsehood and intentional infliction of emotional distress.
The conduct alleged by plaintiff, including, but not limited to, defendant's denial of an accident and failure to immediately stop his car, was insufficient to establish an issue of fact as to plaintiff's cause of action for intentional infliction of emotional distress ( see Howell v. New York Post Co., 81 NY2d 115, 122; see also Leibowitz v. Bank Leumi Trust Co. of N.Y., 152 AD2d 169). In addition, inasmuch as plaintiff failed to proffer evidence establishing that defendant's statement to the police caused damage to the plaintiff's economic or legal relationships, the court also properly granted defendant summary judgment dismissing plaintiff's cause of action for injurious falsehood ( see L.W.C. Agency v. St. Paul Fire Mar. Ins. Co., 125 AD2d 371, 373; Penn-Ohio Steel Corp. v. Allis-Chalmers Mfg. Co., 7 AD2d 441, 444; 103 NY Jur 2d, Torts § 18). As a result, the court properly granted defendant's motion for summary judgment dismissing the complaint ( see Howell, 81 NY2d at 122; Zimmerman v. Carmack, 292 AD2d 601, 601).