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ROSEN v. MHM REALTY LLC

7572N. 160724/15.

166 A.D.3d 428 (2018)

88 N.Y.S.3d 1

2018 NY Slip Op 07549

Steven Rosen, Appellant, v. MHM Realty LLC et al., Respondents.

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

Decided November 8, 2018.

Plaintiff put his mental condition in issue by seeking to recover damages for emotional distress as a result of the actions alleged in the complaint (CPLR 3101 [a]; Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 N.Y.2d 452, 456-457 [1983]; Budano v Gurdon, 97 A.D.3d 497 [1st Dept 2012]). He did not specify how he or any third party would be subject to "unreasonable annoyance, expense, embarrassment...

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