Legal Opinion

Kaye v. Trump

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

Decided January 29, 2009PublishedCited by 18 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 9, 2008, which granted defendants’ motion to dismiss the complaint and denied plaintiffs application for leave to amend, unanimously affirmed, with costs.

The complaint fails to state a cause of action for intentional infliction of emotional distress. Plaintiff alleges that defendants variously made rude remarks to and about her, commenced two baseless lawsuits and filed a criminal complaint against her, and frightened her and her daughter by attempting to instigate her arrest. This conduct, while not to be condoned, is…

2Cases cited5 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. Lacher v. EngelAppellate Division of the Supreme Court of the State of New York · 2006
  4. Yalkowsky v. Century Apartments AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
  5. Wilhelmina Models, Inc. v. FleisherAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by18 opinions

  1. Medcalf v. WalshDistrict Court, S.D. New York · 2013
  2. Aguirre v. Best Care Agency, Inc.District Court, E.D. New York · 2013
  3. Franco v. DiazDistrict Court, E.D. New York · 2014
  4. Liberty Synergistics, Inc. v. Microflo Ltd.District Court, E.D. New York · 2014
  5. Petry v. GillonAppellate Division of the Supreme Court of the State of New York · 2021

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