In any event, apart from the doctrine of res judicata, this third action was properly dismissed for failure to state a cause of action for negligent or intentional infliction of emotional distress or for prima facie tort, since the conduct complained of was not so extreme and outrageous as to transcend the bounds of decency and be regarded as atrocious and intolerable in a civilized society (Freihofer v Hearst Corp., 65 NY2d 135, 143). Furthermore, there is no allegation of special damages (ATI, Inc. v Ruder & Finn, 42 NY2d 454, 458) put forth with sufficient particularity to identify actual losses causally related to the alleged tortious acts (Luciano v Handcock, 78 AD2d 943, 944). Damages may not be recovered for mental distress caused by malicious or negligent destruction of personal property (Fowler v Town of Ticonderoga, 131 AD2d 919, 921; cf., Curtin v Bowery Sav. Bank, 150 AD2d 327).