CUNNINGHAM v. MERTZ


265 A.D.2d 370 (1999)

696 N.Y.S.2d 839

THOMAS F. CUNNINGHAM, Appellant, v. ESTHER M. MERTZ et al., Respondents.

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

Decided October 12, 1999.


Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff's complaint failed to state a cause of action alleging intentional infliction of emotional distress. The words attributed to the defendants were not "`so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community'" (Murphy v American Home Prods...

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