Weicker v. Weicker

In this action, plaintiff appeals from an order of the Appellate Division dismissing so much of her second amended complaint as seeks: (1) compensatory and punitive damages for the intentional or reckless infliction of mental suffering and (2) injunctive relief restraining the defendants from holding themselves out as husband and wife and defendant Littell from assuming or using defendant husband’s name. Assuming that New York law now permits “ recovery for the intentional infliction of mental distress without proof of the breach of any duty other than the duty to refrain from inflicting it ’…