Smith v. Hanauer
Opinion of the Court
—In an action, inter alia, to re
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the plaintiffs’ complaint failed to state a cause of action to recover damages for intentional infliction of emotional distress (see, Blasi v Gonzalez, 231 AD2d 483). Furthermore, since there was only hope and speculation as to what additional discovery would uncover, the Supreme Court properly granted the motion even though discovery was incomplete (see, Mazzaferro v Barterama Corp., 218 AD2d 643). Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.