Lightman v. Flaum

S. Miller, J.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provision thereof denying that branch of the defendants’ motion which was, in effect, for summary judgment dismissing the third and fourth causes of action to recover damages for the intentional infliction of emotional distress and substituting therefor a provision granting that branch of the motion, and otherwise affirming the order, with the following memorandum, in which Friedmann, J., concurs: I agree with my colleagues in the majority that the Supreme Court erred insofar as it…