Legal Opinion
Silverman v. New York University School of Law
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1993PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Peter Tom, J., upon decision of Francis Pécora, J.), entered April 2, 1992, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff fails to state a cause of action for intentional infliction of emotional distress, since the destruction of his exam, even if motivated by animus toward him, was not so outrageous as to go beyond all possible bounds of decency (Murphy v American Home Prods. Corp., 58 NY2d 293, 303), and also fails to state a cause of action for breach of contract, since his allegations that…
2Cases cited5 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
- Gertler v. GoodgoldNew York Court of Appeals · 1985
- Susan M. v. New York Law SchoolNew York Court of Appeals · 1990
- Roberts v. PollackAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
- Baldridge v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Emanuele v. Town of GreenvilleDistrict Court, S.D. New York · 2001
- Pearson v. Walden UniversityDistrict Court, S.D. New York · 2015
- Benson v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1995
- Talmor v. TalmorNew York Supreme Court · 2000
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