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Jaffe v. National League for Nursing

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1995
222 A.D.2d 233 (N.Y. App. Div. 1995)

Summary

holding that in the context of alleged employee harassment and intimidation, an "allegation of 'a hard slap on [plaintiffs] backside,' during an outburst of rage" was not sufficiently outrageous to establish a claim of intentional infliction of emotional distress

Summary of this case from Holden v. Thacher

Opinion

December 7, 1995

Appeal from the Supreme Court, New York County (Carol H. Arber, J.).


This is a case of alleged employee harassment and intimidation, leading to forced resignation. While we reject the notion that the Workers' Compensation Law provides an exclusive remedy for such intentional torts ( Thompson v Maimonides Med. Ctr., 86 A.D.2d 867, 868; see, Orzechowski v Warner-Lambert Co., 92 A.D.2d 110, 112), the facts fall short of the rigorous standard of outrageous conduct necessary to maintain a cause of action for intentional infliction of emotional distress ( see, Howell v New York Post Co., 81 N.Y.2d 115, 121-122). The general rule is that an employee at will may be discharged "at any time for any reason or even for no reason" ( Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 300), and courts will closely scrutinize complaints which seek to circumvent this rule with allegations of intentional infliction of emotional distress (58 N.Y.2d, supra, at 303; Ranieri v Lawlor, 211 A.D.2d 601; Hurwitch v Kercull, 182 A.D.2d 1013, 1014-1015).

We agree, however, that the allegation of "a hard slap on [plaintiff's] backside," during an outburst of rage by the individual defendant, met the criteria of offensive and intentional bodily contact ( Masters v Becker, 22 A.D.2d 118, 120) in stating a cause of action for assault and battery.

Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.


Summaries of

Jaffe v. National League for Nursing

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1995
222 A.D.2d 233 (N.Y. App. Div. 1995)

holding that in the context of alleged employee harassment and intimidation, an "allegation of 'a hard slap on [plaintiffs] backside,' during an outburst of rage" was not sufficiently outrageous to establish a claim of intentional infliction of emotional distress

Summary of this case from Holden v. Thacher

holding that "a case of alleged employee harassment and intimidation, leading to forced resignation . . . [fell] far short of the rigorous standard of outrageous conduct necessary to maintain a cause of action for intentional infliction of emotional distress."

Summary of this case from Ticali v. Roman Catholic Diocese of Brooklyn

finding in a case of alleged employee harassment that the allegation of a "hard slap on [plaintiff's] backside" by the individual defendant, although falling short of the standard of outrageous conduct necessary to maintain a cause of action for intentional infliction of emotional distress, sustained a claim of assault and battery

Summary of this case from Sowemimo v. D.A.O.R. Sec., Inc.
Case details for

Jaffe v. National League for Nursing

Case Details

Full title:ELIZABETH S. JAFFE, Respondent, v. NATIONAL LEAGUE FOR NURSING et al.…

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

Date published: Dec 7, 1995

Citations

222 A.D.2d 233 (N.Y. App. Div. 1995)
635 N.Y.S.2d 9

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