Ferreyr v. Soros

Order, Supreme Court, New York County (Debra James, J.), entered January 25, 2013, which, to the extent appealed from, denied defendants’ motion to dismiss the complaint in its entirety, unanimously modified, on the law, to grant the motion except as to the cause of action alleging assault and battery, and otherwise affirmed, without costs.

A claim for intentional infliction of emotional distress has not been stated as there is no allegation of extreme and outrageous conduct (see Howell v New York Post Co., 81 NY2d 115, 121 [1993]). As a matter of law, the individual defendant’s failure to buy…