Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Walentas v. Johnes, 258 A.D.2d 352 (1999)

Citation
Walentas v. Johnes, 258 A.D.2d 352 (1999)
Parent Document
Walentas v. Johnes, 258 A.D.2d 352 (1999)
Jurisdiction
New York (state)
Effective Date
1999-01-05

Full Text

1,243 chars
While we discern no reason to disturb Supreme Court’s abatement of rent, we find no merit to the remainder of defendant’s counterclaims. Intentional infliction of emotional distress requires extreme and outrageous conduct, intended to cause, and resulting in, severe emotional distress (Howell v New York Post Co., 81 NY2d 115, 121). Commencement of litigation, even if alleged to be for the purpose of harassment and intimidation, is insufficient to support such a claim (see, Fischer v Maloney, 43 NY2d 553 [defamation action]; Artzt v Greenburger, 161 AD2d 389 [nonprimary residence action]). The plaintiff is required to establish that severe emotional distress was suffered (Richard L. v Armon, 144 AD2d 1), which must be supported by medical evidence, not the mere recitation of speculative claims (Leone v Leewood Serv. Sta., 212 AD2d 669, 672, lv denied 86 NY2d 709). Examined in the context of often-contentious landlord-tenant proceedings, plaintiffs conduct falls far short of conduct “ ‘ “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” ’ ” (Howell v New York Post Co., 81 NY2d, supra, at 122).