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MILLAN v. CITY OF NEW YORK

16 A.D.3d 290 (2005)

791 N.Y.S.2d 419

ANA MARIA MILLAN, Appellant, v. CITY OF NEW YORK, Respondent.

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

March 29, 2005.

Accepting plaintiff's allegations as true and according her every favorable inference (CPLR 3026; Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), plaintiff failed to meet her burden of proof to sustain a complaint for emotional distress. Plaintiff provided only conclusory allegations, many of which were claims against civilians that did not constitute a cause of action against the City of New York, and none of which were "so outrageous...

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