June 29, 2024

Intentional infliction of emotional distress.

As to the claim for intentional infliction of emotional distress, plaintiff has failed to allege all elements of that claim: (i) extreme and outrageous conduct; (ii) intent to cause, or disregard of a substantial probability of causing, severe emotional distress; (iii) a causal connection between the conduct and injury; and (iv) severe emotional distress. Although the complaint alleges that defendants engaged in extreme and outrageous conduct, plaintiff fails to adequately plead that defendants acted with the intent or disregard necessary to support his claim.

Furthermore, plaintiff's allegations regarding defendants' intentions and plaintiff's injuries state little more than bare legal conclusions and are not sufficiently particularized to demonstrate the required causal connection.

Zheng v. Centers Urgent Care Mgt., LLC, NY Slip Op 03395 (1st Dep't June 20, 2024)

Here is the decision.