Millan v. City of New York

Appellate Division of the Supreme Court of New York

Millan v. City of New York

16 A.D.3d 290, 791 N.Y.S.2d 419, 2005 N.Y. App. Div. LEXIS 3237

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

DecidedMarch 29, 2005

StatusPublished

Cited by3 cases

This text of 16 A.D.3d 290 (Millan v. City of New York) 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

Millan v. City of New York, 16 A.D.3d 290, 791 N.Y.S.2d 419, 2005 N.Y. App. Div. LEXIS 3237 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 6, 2004, after a nonjury trial, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Accepting plaintiff’s allegations as true and according her every favorable inference (CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff failed to meet her burden of proof to sustain a complaint for emotional distress. Plaintiff provided only conclusory allegations, many of which were claims against civilians that did not constitute a cause of action against the City of New York, and none of which were “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” (Murphy v American Home Prods. Corp., 58 NY2d 293, 303 [1983], quoting Restatement [Second] of Torts § 46, Comment d). Furthermore, plaintiff failed to support any of her claims with medical evidence so as to guarantee the “genuineness of the claim” (see Conway v Brooklyn Union Gas Co., 189 AD2d 851, 852 [1993]).

We have considered plaintiffs remaining arguments and find them to be without merit. Concur — Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.

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Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 6, 2004, after a nonjury trial, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Accepting plaintiff’s allegations as true and according her every favorable inference (CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff failed to meet her burden of proof to sustain a complaint for emotional distress. Plaintiff provided only conclusory allegations, many of which were claims against civilians that did not constitute a cause of action against the City of New York, and none of which were “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” (Murphy v American Home Prods. Corp., 58 NY2d 293, 303 [1983], quoting Restatement [Second] of Torts § 46, Comment d). Furthermore, plaintiff failed to support any of her claims with medical evidence so as to guarantee the “genuineness of the claim” (see Conway v Brooklyn Union Gas Co., 189 AD2d 851, 852 [1993]).

We have considered plaintiffs remaining arguments and find them to be without merit. Concur — Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.

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Bluebook (online)

16 A.D.3d 290, 791 N.Y.S.2d 419, 2005 N.Y. App. Div. LEXIS 3237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millan-v-city-of-new-york-nyappdiv-2005.

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