Practice point: Having failed to allege intentional infliction of emotional distress in the notice of claim, plaintiff may not later maintain that cause of action in the complaint.
Practitioners should note that for a cause of action sounding in intentional infliction of emotional distress, defendant’s conduct must have been extreme, outrageous and beyond the bounds of human decency.
Case: Bayer v. City of New York, NY Slip Op 01762 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
