O'Grady v. Russian Bath Co.

1 Citing case

  1. Chiesa v. McGregor

    2019 N.Y. Slip Op. 34883 (N.Y. Sup. Ct. 2019)

    "The elements of intentional infliction of emotional distress are (1) extreme and outrageous conduct; (2) the intent to cause, or the disregard of a substantial likelihood of causing, severe emotional distress; (3) causation; and (4) severe emotional distress" (Brunache v MV Transp., Inc., 151 A.D.3d 1011, 1014 [2017] [internal quotations omitted]). "To state a cause of action to recover damages for the intentional infliction of emotional distress, the conduct alleged must be so outrageous in character and extreme in degree as to surpass the limits of decency so as to be regarded as atrocious and intolerable in a civilized society" (Leonard v Reinhardt, 20 A.D.3d 510, 510 [2005] [internal quotations omitted]). "Whether the conduct complained of is outrageous is a question of law for the courts in the first instance" (O'Gradyv Russian Bath Co. Inc., 52 Mise 3d 1224 [A], 2016 NY Slip Op 51267 [U], *5 [Sup Ct, Kings County 2016]).