Minnelli v Soumayah

Motion No: M-3847

Slip Opinion No: 2007 NYSlipOp 82400(U)

Decided on October 30, 2007

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 30, 2007

Minnelli v Soumayah

I would grant, however, that aspect of the motion seeking leave to appeal to the Court of Appeal. The majority's conclusion that no private right of action exists for extortion is in tension with Court of Appeal' precedent (e.g., Sheehy v Big Flats Community Day, 73 NY2d 629 [1989]) and ought to be reviewed by the Court.

Before: Mazzarelli, J.P., Andrias, Marlow, Buckley, McGuire, JJ.

Motion No. M-3847