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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)

Citation
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Parent Document
Century Apartments, Inc. v. Yalkowsky, 106 Misc. 2d 762 (1980)
Jurisdiction
New York (state)
Effective Date
1980-12-08

Other Sections in This Document (26)

Full Text

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A further counterclaim has been interposed which is the *767substantial equivalent of a claim for the intentional infliction of mental distress, although not clearly denominated. Under the standards of New York law, conduct underlying that claim must be “ ‘extreme and outrageous’ * * * ‘go beyond all possible bounds of decency, and * * * be regarded as atrocious, and utterly intolerable in a civilized community’ ”. (Fischer v Maloney, 43 NY2d 553, 557, adopting the language of Restatement, Torts 2d, § 46, Comment d.) The conduct here, while reprehensible, does not reach that base standard. EFFECT OF LEASE PROVISION PROHIBITING COUNTERCLAIMS