Biro v. Department of Social Services/ Human Resources Administration

In an action, inter alia, to recover damages for negligent inflic*303tion of emotional distress, the plaintiff Andrea Biro appeals from so much of an order of the Supreme Court, Queens County (Weiss, J.), entered July 23, 2002, as granted that branch of the defendant’s motion which was to dismiss the complaint insofar as asserted by her pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced the instant action to recover consequential damages which allegedly resulted after the defendant…