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Gonzalez v Osinowo
2006 NY Slip Op 51031(U) [12 Misc 3d 129(A)]
Decided on June 5, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 5, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570035/06.

Debra L. (McCall) Gonzalez, Plaintiff-Appellant,

against

Ezekial Osinowo, Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County (Geoffrey D. Wright, J.), entered May 10, 2005, after a nonjury trial, in favor of defendant dismissing the complaint.


PER CURIAM:

Judgment (Geoffrey D. Wright, J.), entered May 10, 2005, affirmed, without costs.

Giving due deference to the trial court's findings of fact and credibility, particularly its assessment of plaintiff's testimony as "unreliable," we sustain the dismissal of plaintiff's vaguely-stated complaint. To the extent that plaintiff's action is based upon allegations of harassment, New York does not recognize a common-law cause of action for harassment (see Edelstein v Farber, 27 AD3d 202 [2006]). To the extent that plaintiff seeks to recover for intentional infliction of emotional distress, her allegations, even if credited, fall short of the requisite extreme and outrageous conduct (id.).

This constitutes the decision and order of the court.
Decision Date: June 5, 2006