Thomas v. Northeast Theatre Corp.
Opinion of the Court
Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered August 23, 2006, which, insofar as appealed from, denied defendants’ motion to dismiss the complaint for failure to state a cause of action, and granted plaintiffs cross motion to amend the complaint to assert a claim based on General Business Law § 395-b, unanimously reversed, on the law, without costs, defendants’ motion granted, and plaintiffs cross motion denied. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.
Plaintiff alleges that while in defendant cinema chain’s employ, she was surreptitiously videotaped in a room used by employees to change from their street clothes into their uniforms, and that when she learned of this taping she suffered severe emotional distress. Although not germane to either motion, defendant cinema asserts that the room was supposed to be used to store supplies and as an office for both male and female customer service employees, denies knowledge on the part of its upper level management that the room was being used as a changing room, notes that segregated restrooms/ changing rooms were furnished elsewhere on the premises, and asserts that the camera was installed for a brief period of time at the behest of defendant Hare, the manager of the theater where plaintiff worked, due to suspicions of theft and cash handling violations by one of the customer service employees, and was dismantled immediately after the thief was caught. Hare asserts that he did not know the area was being used as a changing room until the camera was installed.
We reverse the grant of plaintiffs motion to amend. General Business Law § 395-b (2), which prohibits premises owners or managers from knowingly permitting installation of a viewing device “for the purpose of surreptitiously observing the interior of any fitting room, restroom, toilet, bathroom, washroom,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.