Legal Opinion

Nestlerode v. Federal Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1979PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHNEPP, J.

Plaintiffs appeal from an order of the Supreme Court which granted defendant Federal Insurance Company’s (Federal) motion for summary judgment in an action brought to recover damages for intentional or reckless infliction of extreme emotional distress. The action is based upon comments made during the trial of a previous action brought by H & N Affiliates, Inc. (H & N) against the Hunkin-Conkey Construction Company and Federal. Plaintiff, R. Edward Nestlerode, president and owner of H & N, was its chief witness at the trial. Mr. Nestlerode alleges that he had…

2Cases cited8 opinions

  1. Fischer v. MaloneyNew York Court of Appeals · 1978
  2. Halio v. LurieAppellate Division of the Supreme Court of the State of New York · 1961
  3. Long v. Beneficial Finance Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  4. Clark v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Flamm v. Van NieropNew York Supreme Court · 1968

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3Cited by28 opinions

  1. Leibowitz v. Bank Leumi Trust Co.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Lapsley v. Columbia University-College of Physicians & SurgeonsDistrict Court, S.D. New York · 1998
  3. Netzer v. Continuity Graphic Associates, Inc.District Court, S.D. New York · 1997
  4. Bradley v. Consolidated Edison Co. of New York, Inc.District Court, S.D. New York · 1987
  5. Siano v. HaberDistrict Court, S.D. New York · 1999

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