ELBOGEN v. ESIKOFF


266 A.D.2d 15 (1999)

697 N.Y.S.2d 614

AARON R. ELBOGEN, Respondent-Appellant, v. SIDNEY ESIKOFF et al., Defendants, and BARTHOLOMEW LAWSON et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided November 4, 1999.


In this more than 17-year old action, the motion court should have granted the motion of defendants Lawson, Checkmate and Sterla for summary judgment dismissing plaintiff's cause of action for intentional infliction of emotional distress, since plaintiff failed to demonstrate that the alleged conduct of those defendants satisfied all of the elements of that tort. Specifically, plaintiff has never made an evidentiary showing that the alleged conduct caused any mental or physical...

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