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HOLMES v. CITY OF NEW YORK

10537. 150596/18.

178 A.D.3d 496 (2019)

111 N.Y.S.3d 856

2019 NY Slip Op 08922

Thomas K. Holmes, Appellant-Respondent, v. City of New York, Defendant, and The Gap, Inc., Respondent-Appellant.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

The Layton Law Firm, PLLC, New York ( Paul Biedka of counsel), for appellant-respondent.

McAndrew, Conboy & Prisco, LLP, Melville ( Mary C. Azzaretto of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

Contrary to plaintiff's argument, extreme and outrageous conduct is an essential element of a cause of action alleging the negligent infliction of emotional distress (see Melendez v City of New York, 171 A.D.3d 566, 567 [1st Dept 2019], lv denied 33 N.Y.3d 914 [2019]). A civilian complaint, seeking police assistance or furnishing information to law enforcement authorities who are then free to exercise their own judgment as to whether an arrest should be made...

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