Fletcher v. Insignia/ Douglas Elliman
Cases that cite this one
1 later published case cites this decision.
- In re: Sears Holdings Corporation (District Court, S.D. New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered October 3, 2002, which, to the extent appealed from as limited by the briefs, granted defendant Rolfe’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff seeks damages for alleged misappropriation of property from her mother’s estate by defendant Rolfe under such theories as fraud and undue influence, or outright conversion. She also seeks damages for Rolfe’s alleged infliction of emotional distress by poisoning plaintiff against her family, thus exacerbating her mental disease.
We agree with the IAS court that plaintiffs property claims
Plaintiff’s remaining claim, for intentional infliction of emotional distress, fails as a matter of law. The conduct alleged — lying to plaintiff and turning her against her family — is insufficiently extreme and outrageous as to support such a claim (see Ruggiero v Contemporary Shells, 160 AD2d 986 [1990]). Concur — Tom, J.P, Andrias, Rosenberger and Friedman, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.