Albert v. Solimon

Pine, J. P.

(Dissenting and voting to modify in an opinion in which Balio, J., concurs.) We respectfully dissent in part. We agree with the majority that Supreme Court properly granted *145defendant’s motion to dismiss the second and third causes of action, alleging intentional and negligent infliction of emotional harm, for failure to state a cause of action. We conclude that the court erred, however, in granting defendant’s motion to dismiss the first cause of action, alleging a violation of Civil Rights Law § 47, for failure to state a cause of action.

Plaintiff alleges in her complaint that she…