From Casetext: Smarter Legal Research

Sawicka v. Catena

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 2010
79 A.D.3d 848 (N.Y. App. Div. 2010)

Summary

holding that supervisor's conduct in installing a camera in a workplace restroom constituted "conduct which is unquestionably outrageous and extreme."

Summary of this case from Doe v. Doe

Opinion

No. 2009-07604.

December 14, 2010.

In an action, inter alia, to recover damages for intentional infliction of emotional distress and constructive discharge, the defendants appeal from a judgment of the Supreme Court, Kings County (Partnow, J.), dated June 29, 2009, which, upon a jury verdict on the issue of liability finding them at fault, upon the denial of their motion pursuant to CPLR 4401 for judgment as a matter of law, and upon a jury verdict on the issue of damages finding that the plaintiff Natalia Sawicka sustained damages in the principal sum of $100,000 and was entitled to punitive damages in the principal sum of $250,000, and that the plaintiff Agnieszka Bednarczyk-Kaluta sustained damages in the principal sum of $150,000 and was entitled to punitive damages in the principal sum of $250,000, is in favor of the plaintiff Natalia Sawicka and against them in the principal sum of $350,000, and is in favor of the plaintiff Agnieszka BednarczykKaluta and against them in the principal sum of $400,000.

Mischel Horn, P.C., New York, N.Y. (Scott T. Horn of counsel), for appellants.

Michael G. O'Neill, New York, N.Y., for respondents.

Before: Rivera, J.P., Dicker son, Lott and Román, JJ.


Ordered that the judgment is affirmed, with costs.

The plaintiff's Natalia Sawicka and Agnieszka BednarcykKaluta (hereinafter Kaluta) alleged, inter alia, that they were employed by the defendant Avanti Plumbing Heating, Inc. (hereinafter Avanti), that the defendant Pete Catena was the owner and principal agent of Avanti, and that Catena installed a video camera in Avanti's restroom taping the plaintiffs' use of the restroom. The plaintiffs commenced this action against Avanti and Catena to recover damages for, inter alia, intentional infliction of emotional distress and constructive discharge.

The Supreme Court properly denied the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law. Affording the plaintiffs every favorable inference from the evidence submitted, there was a rational process by which the jury could find in favor of the plaintiffs ( see Szczerbiak v Pilat, 90 NY2d 553, 556).

"'One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress'" ( Howell v New York Post Co., 81 NY2d 115, 121, quoting Restatement [Second] of Torts § 46 [1]; see Murphy v American Home Prods. Corp., 58 NY2d 293, 303). Here, Catena's conduct in installing a video camera in a workplace restroom in order to surreptitiously view and record the plaintiffs while they used the restroom is conduct which is unquestionably outrageous and extreme ( see generally Dana v Oak Park Marina, 230 AD2d 204, 208-209; see also Adams v Oak Park Marina, 261 AD2d 903, 904; Salamone v Oak Park Marina, 259 AD2d 987, 988). The evidence was sufficient, as a matter of law, to establish that this caused the plaintiffs severe emotional distress ( see Hering v Lighthouse 2001, LLC, 21 AD3d 449, 451; see also Plunkett v NYU Downtown Hosp., 21 AD3d 1022, 1023; Garcia v Lawrence Hosp., 5 AD3d 227, 228; Massaro v O'Shea Funeral Home, 292 AD2d 349, 351).

The plaintiffs' claims that they were subjected to a hostile work environment, based on sex, which led to their constructive discharge, were supported by evidence that Catena deliberately made their working conditions so intolerable by installing a video camera in the restroom, that a reasonable person in their position would have felt compelled to resign ( see Matter of Eastport Assoc. Inc. v New York State Div. of Human Rights, 71 AD3d 890; Matter of Hilal v New York State Div. of Human Rights, 57 AD3d 898, 899).

The defendants' remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

Sawicka v. Catena

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 2010
79 A.D.3d 848 (N.Y. App. Div. 2010)

holding that supervisor's conduct in installing a camera in a workplace restroom constituted "conduct which is unquestionably outrageous and extreme."

Summary of this case from Doe v. Doe

In Sawicka, defendant Catena installed a video camera in the business' restroom, taping the plaintiffs' use of the restroom (Id. at 849, 667).

Summary of this case from Hughes v. Pacienza

In Sawicka, defendant Catena installed a video camera in the business' restroom, taping the plaintiffs' use of the restroom (Id. at 849, 667).

Summary of this case from Hughes v. Pacienza
Case details for

Sawicka v. Catena

Case Details

Full title:NATALIA SAWICKA et al., Respondents, v. PETE CATENA et al., Appellants

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

Date published: Dec 14, 2010

Citations

79 A.D.3d 848 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9246
912 N.Y.S.2d 666

Citing Cases

Hughes v. Pacienza

Hughes cites the opinion of the Appellate Division Second Department decision in the matter of Sawicka v.…

Hughes v. Pacienza

He was then sentenced. Hughes cites the opinion of the Appellate Division Second Department decision in the…