MONTEIRO v. STATE


27 A.D.3d 1133 (2006)

810 N.Y.S.2d 714

MICHAEL L. MONTEIRO, Respondent, v. STATE OF NEW YORK, Appellant.

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

March 17, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.

Memorandum:

On a prior appeal, we affirmed an order granting defendant's motion to dismiss the claim asserting a cause of action for intentional infliction of emotional distress (Monteiro v State of New York, 303 A.D.2d 970 [2003]). We agree with defendant that the...

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