Santana v. Leith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for negligent infliction of emotional distress, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Fusco, J.), dated June 18, 2013, as granted that branch of the defendant’s motion which was to dismiss the complaint 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.
On September 22, 2009, the defendant allegedly attacked the plaintiff with a hammer, while using racial and ethnic slurs. Nearly three years later,…
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