Does a motion to dismiss a claim for intentional infliction of emotional distress have to be dismissed?
"New York", United States of America
The following excerpt is from Levine v. Pincus, 2019 NY Slip Op 30860 (U) (N.Y. Sup. Ct. 2019):
Given the court's refusal to dismiss plaintiff's claim for intentional infliction of emotional distress, as well as its prior decisions on defendant's motion to dismiss, defendant is not entitled to summary judgment on her counterclaims as she has failed to show that the instant lawsuit is frivolous and was commenced solely to harass defendant. See Curiano v. Suozzi, 63 N.Y.2d 113, 116 (1984). Likewise, defendant's request for sanctions is denied.
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