Legal Opinion
Millan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2005PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Donna M. Mills, J.), entered October 6, 2004, after a nonjury trial, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
Accepting plaintiff’s allegations as true and according her every favorable inference (CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff failed to meet her burden of proof to sustain a complaint for emotional distress. Plaintiff provided only conclusory allegations, many of which were claims against civilians that did not constitute a cause of action against the City of New…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Conway v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by3 opinions
- Fellows v. RosatiAppellate Division of the Supreme Court of the State of New York · 2019
- In re Haralambos I.Appellate Division of the Supreme Court of the State of New York · 2009
- Okudinani v. RoseCourt of Appeals for the Second Circuit · 2019