KATZ v. TOWN OF CLARKSTOWN, N.Y.


120 A.D.3d 632 (2014)

990 N.Y.S.2d 880

2014 NY Slip Op 05843

DAVID KATZ, Appellant, v. TOWN OF CLARKSTOWN, NEW YORK, et al., Respondents.

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

Decided August 20, 2014.


In an action, inter alia, to recover damages for injury to property and negligent infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Rockland County (Berliner, J.), dated April 9, 2013, which granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with...

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