ESPOSITO-HILDER v. SFX


236 A.D.2d 186 (1997)

665 N.Y.S.2d 697

Annette Esposito-Hilder, Respondent, v. SFX Broadcasting, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 26, 1997


Attorney(s) appearing for the Case

Baker & McKenzie, New York City (Brian S. Cousin of counsel), for appellants.

Murphy, Burns, Barber & Murphy, L. L. P., Albany (Norah M. Murphy of counsel), for respondent.

WHITE, YESAWICH JR. and SPAIN, JJ., concur with MIKOLL, J. P; CASEY, J., concurs in a separate opinion.


MIKOLL, J. P.

We are called upon to decide whether Supreme Court properly denied defendants' motion to dismiss the complaint for failure to state a cause of action. Resolution of this question implicates a more troublesome one: may conduct which is not actionable as defamation, by reason of being an expression of opinion, nonetheless be the subject of an action for intentional infliction of emotional distress...

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