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RENO v. COUNTY OF WESTCHESTER

289 A.D.2d 216 (2001)

734 N.Y.S.2d 464

ROBERT RENO et al., Appellants, v. COUNTY OF WESTCHESTER, Respondent, et al., Defendants.

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

Decided December 3, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court did not convert the motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) into one for summary judgment (see, CPLR 3211 [c]). The plaintiffs failed to state causes of action against the County of Westchester (hereinafter the County) to recover damages for intentional infliction of emotional distress (see, Murphy v American...

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