| Dunne v SD & A Teleservices, Inc. |
| 2009 NY Slip Op 50991(U) [23 Misc 3d 140(A)] |
| Decided on May 21, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Geoffrey D. Wright, J.), entered July 2, 2007, which granted defendant's motion to
dismiss the complaint.
Per Curiam.
Order (Geoffrey D. Wright, J.), entered July 2, 2007, affirmed, with $10 costs.
The motion court properly dismissed plaintiff's claim sounding in defamation since plaintiff failed to allege the precise words allegedly giving rise to defamation (see Khan v Duane Reade, 7 AD3d 311 [2004]). To the extent that plaintiff's complaint can be read to allege a cause of action for intentional infliction of emotional distress, it was also properly dismissed, in the absence of any showing that defendant's conduct was so extreme, reckless or outrageous as to cause plaintiff severe emotional distress (see Murphy v American Home Prod. Corp., 58 NY2d 293 [1983]). Further, both the defamation and intentional infliction of emotional distress causes of action were time barred under CPLR 215(3).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2009