Legal Opinion

Misek-Falkoff v. International Business Machines Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1990PublishedCited by 11 opinions

1Opinion of the Court

Order of the Supreme Court, Westchester County (Vincent Gurahian, J.), entered on April 12, 1989, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7), unanimously affirmed, without costs.

Plaintiff seeks recovery for infliction of emotional distress based upon various acts committed by International Business Machines Corporation (IBM) employees. The majority of these acts occurred more than one year prior to commencement of this action. Those which occurred within a year prior to commencement of the action were the placement of plaintiff on medical…

2Cases cited2 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Gallagher v. Directors Guild of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by11 opinions

  1. Neufeld v. NeufeldDistrict Court, S.D. New York · 1996
  2. Bonner v. GuccioneDistrict Court, S.D. New York · 1996
  3. Kelber v. Forest Electric Corp.District Court, S.D. New York · 1992
  4. Misek-Falkoff v. International Business MacHines Corp.District Court, S.D. New York · 1994
  5. Drury v. TuckerAppellate Division of the Supreme Court of the State of New York · 1994

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