Korn v. Korn

Appellate Division of the Supreme Court of New York

Korn v. Korn

33 A.D.3d 549, 826 N.Y.S.2d 889

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 26, 2006

StatusPublished

This text of 33 A.D.3d 549 (Korn v. Korn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Korn v. Korn, 33 A.D.3d 549, 826 N.Y.S.2d 889 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County [550]*550(Edward H. Lehner, J.), entered March 17, 2005, dismissing plaintiffs complaint and bringing up for review an order, same court and Justice, entered March 7, 2005, granting defendant’s CPLR 3211 (a) (7) motion, unanimously affirmed, with costs. Appeal from the March 7, 2005 order unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

The complaint’s allegations, even as supplemented by plaintiff’s affidavits, do not make out a cause of action for intentional infliction of emotional distress (see e.g. Lewittes v Blume, 18 AD3d 261 [2005]). While it is unnecessary to reach defendant’s alternative argument for affirmance, i.e., that the complaint was not timely served, we note that plaintiffs attorney has made a showing of “good cause” for extending the time for service pursuant to CPLR 306-b. Concur—Mazzarelli, J.P, Saxe, Marlow, Sullivan and Williams, JJ.

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Judgment, Supreme Court, New York County [550]*550(Edward H. Lehner, J.), entered March 17, 2005, dismissing plaintiffs complaint and bringing up for review an order, same court and Justice, entered March 7, 2005, granting defendant’s CPLR 3211 (a) (7) motion, unanimously affirmed, with costs. Appeal from the March 7, 2005 order unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.

The complaint’s allegations, even as supplemented by plaintiff’s affidavits, do not make out a cause of action for intentional infliction of emotional distress (see e.g. Lewittes v Blume, 18 AD3d 261 [2005]). While it is unnecessary to reach defendant’s alternative argument for affirmance, i.e., that the complaint was not timely served, we note that plaintiffs attorney has made a showing of “good cause” for extending the time for service pursuant to CPLR 306-b. Concur—Mazzarelli, J.P, Saxe, Marlow, Sullivan and Williams, JJ.

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Bluebook (online)

33 A.D.3d 549, 826 N.Y.S.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korn-v-korn-nyappdiv-2006.

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