In order to support a claim for negligent infliction of emotional distress, Plaintiff was also required to allege conduct that is "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 Am. There need not be bodily harm to establish this tort. Home Products Corp., 58 NY2d 293, 303 [1983]). Your case could be eligible for recovery of emotional distress damages if the following applies. Finally, Plaintiff fails to identify anything in the September 11th article that was false and even if the Plaintiff had, what was reported was the filing of a notice of claim with Seneca County which, as discussed below, is not actionable based upon the application of Civil Rights Law § 74. The intentional infliction of emotional distress is an intentional tort governed by a one-year statute of limitations period (Goldner v Sullivan, Gough, Skipworth, Summers and Smith, 105 AD2d 1149, 1151 [4th Dept 1984]). Defendants argue that Civil Rights Law § 74 bars any claims of defamation regarding the reporting of the filing and content of the notice of claims filed by Plaintiff and Defendant Porsch. It tells us whether the risk to which one person exposes another is within the protection of the law" De Angelis v Lutheran Med. Negligent Infliction of Emotional Distress: Overview The tort of NIED may apply to situations where someone suffers some mental or emotional harm (shock, trauma, etc.) No. The remainder of the statement is likewise not actionable because like the September 11th statement, it neither identifies the Plaintiff nor does. For example, watching someone carelessly strike your child with their car could qualify. The particularity requirement of CPLR 3016[a] "is strictly enforced" (Lemieux v Fox, 135 AD3d 713, 714 [2d Dept 2016]). I. A Long Island car accident attorney can discuss the details of your case and help determine if you should file a claim for emotional distress. The defendant exhibited extreme or outrageous conduct; and. As the statute of limitations period for a claim for negligent infliction of emotional distress is three years (CPLR 214), the allegations in the complaint that were outside the one-year statute of limitations period for the intentional infliction of emotional distress could be considered for the purposes of negligent infliction of emotional distress. Plaintiff commenced this action by electronic filing in the NYSCEF system of a summons and complaint on March 21, 2018. ORDERED that the Plaintiff's complaint is dismissed as against all Defendants in its entirety. In her fifth cause of action, Plaintiff alleges what appears to be a claim for the intentional infliction of emotional distress. Thus, the Defendants are entitled to dismissal of the September 11th statement. However, even if that were the case, none of those allegations pertain to the FLT Defendants and, as a result of that fact and for the reasons stated above, the FLT Defendants would be entitled to dismissal. On or about September 8, 2017, Defendant Porsch, the Seneca County District Attorney, served a Notice of Claim on Seneca County (the "County") and a Seneca County employee, Plaintiff Rickerson, who is a Seneca County Probation Officer Assistant. As an initial matter the FLT Defendants were not responsible for its publication, and, as a result, the essential element of publication is missing against the FLT Defendants. Finally, the negligent infliction of emotional distress must be based upon negligent conduct — or, put another way, conduct that is intentional in nature will not support a cause of action for negligent infliction of emotional distress (Santana v Leith, 117 AD3d 711, 712 [2d Dept 2014]). Ctr., 58 NY2d 1053, 1055 [1983]). FingerLakes1.com, reported the notice of claim in an article published on its website on September 11, 2017. Visit Website 646-828-7216 Contact Us. In cases of IIED, there does not need to be bodily harm for a plaintiff to recover damages. Lawyer Media, Inc., 300 AD2d 215, 216 [1st Dept 2002]). The reason for the requirement of specific pleading in defamation cases is to give adequate notice to the defendant as to the occurrence constituting the wrong and to discourage the institution of vexatious actions" (Pappalardo v. Westchester Rockland Newspapers, Inc., 101 AD2d 830, 830 [2d Dept 1984], aff'd, 64 NY2d 862 [1985]). 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