Opinion
No. 570118/24
12-17-2024
Stella Siomkos, Plaintiff-Respondent, v. Fátimazöhra Nouinou, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Aija Tingling, J.), entered November 28, 2023, which denied her motion to dismiss the complaint.
PRESENT: Tisch, J.P., James, Perez, JJ.
PER CURIAM.
Order (Aija Tingling, J.), entered November 28, 2023, modified to dismiss the cause of action for harassment; as modified, order affirmed, without costs.
The motion court properly denied defendant's motion to dismiss so much of the complaint as sought to recover for an unpaid loan. The proof submitted by defendant fails to establish as a matter of law that the money tendered by plaintiff was a gift, rather than a loan (see Pellegrini v Brock, 65 A.D.3d 971 [2009]; Langenbach v Renna, 255 A.D.2d 366 [1998]; Ptasznik v Schultz, 233 A.D.2d 695, 696 [1996]).
Inasmuch as New York does not recognize a civil cause of action for harassment (see Broadway Cent. Prop. v 682 Tenant Corp., 298 A.D.2d 253, 254 [2002]; Santoro v Town of Smithtown, 40 A.D.3d 736, 738 [2007]), we dismiss so much of the complaint as seeks damages for harassment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.