Opinion
2001-05301
November 25, 2002.
December 23, 2002.
In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated April 26, 2001, as denied that branch of their motion which was for summary judgment dismissing the fourth cause of action alleging intentional infliction of emotional distress.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Elizabeth S. Natrella of counsel), for appellants.
Renfroe Quinn, Forest Hills, N.Y. (John E. Quinn of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, with costs, the branch of the motion which was for summary judgment dismissing the fourth cause of action is granted, and that cause of action is dismissed.
Public policy bars claims for intentional infliction of emotional distress against a governmental entity (see Lauer v. City of New York, 240 A.D.2d 543; Wheeler v. State of New York, 104 A.D.2d 496). In any event, the acts allegedly committed by the defendants do not rise to the level of extreme and outrageous conduct required to sustain such a cause of action (see Howell v. New York Post Co., 81 N.Y.2d 115; Zimmerman v. Carmack, 292 A.D.2d 601; MacLeay v. Arden Hill Hosp., 164 A.D.2d 228). Accordingly, the cause of action to recover damages for intentional infliction of emotional distress is dismissed.
ALTMAN, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.