From Casetext: Smarter Legal Research

Hickey v. Natl. League of Prof. Baseball

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 685 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


Plaintiff was the fiancee of a baseball umpire who died of a heart attack while speaking in a transcontinental telephone conversation with plaintiff, allegedly as a result of a "grueling" schedule imposed on him by defendants. Plaintiff's cause of action for intentional infliction of emotional distress was properly dismissed because the complaint cannot be read to allege that the imposition of a difficult work schedule was done to her, or that it was done with the intention of causing her emotional harm, and because it cannot be said that such conduct exceeds all reasonable bounds of decency (James v Saltsman, 99 A.D.2d 797, 798). Her cause of action for negligent infliction of emotional distress was properly dismissed because she was not within the zone of danger and because her alleged injuries did not result from contemporaneous observation of the alleged mistreatment and eventual death of her fiance (Johnson v Jamaica Hosp., 62 N.Y.2d 523, 526).

Plaintiff's application for leave to amend, contained in a single sentence without even the most conclusory indication of what the new pleadings would be, was properly denied. This court has construed CPLR 3211 (e) to require that the proposed new pleadings be supported by evidence as on a motion for summary judgment (Walter Rosen v Pollack, 101 A.D.2d 734, 735).

Concur — Milonas, J.P., Wallach, Asch, Kassal and Smith, JJ.


Summaries of

Hickey v. Natl. League of Prof. Baseball

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 685 (N.Y. App. Div. 1991)
Case details for

Hickey v. Natl. League of Prof. Baseball

Case Details

Full title:LINDA HICKEY, Appellant, v. NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 1991

Citations

169 A.D.2d 685 (N.Y. App. Div. 1991)
565 N.Y.S.2d 65

Citing Cases

Schneider v. Jarmain

Here, in a sentence on the last page of their opposition, plaintiffs request leave to amend their Complaint…

Raytheon Co. v. Foster Wheeler Energy Corp.

Although defendaiit has requested leave to replead if the court grants the motion, the court should not…