Majority
In an action, inter alia, to recover damages for negligent infliction of emotional distress, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered January 7, 2014, as granted those branches of the motion of the defendant Town of Hempstead and the cross motion of the defendant Carl C. Burnett Funeral Home, Inc., which were pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against each of them.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly granted those branches of the motion of the defendant Town of Hempstead and the cross motion of the defendant Carl C. Burnett Funeral Home, Inc., which were pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against each of them. Accepting the allegations in the complaint as true, and affording the plaintiff the benefit of every favorable inference (see Romanello v Intesa Sanpaolo, S.p.A., 22 NY3d 881 , 884 [2013]; Leon v Martinez, 84 NY2d 83 , 87-88 [1994]), the complaint failed to state a cause of action to recover damages for negligent inflic
Cases cited
- Romanello v. Intesa Sanpaolo, S.p.A. 22 NY3d 881 at 884 p. 729
- Leon v. Martinez 84 NY2d 83 at 87-88 p. 729
- Schultes v. Kane 50 AD3d 1277 at 1278 p. 730
- Estate of LaMore v. Sumner 46 AD3d 1262 at 1264 p. 730
- Toppin v. Town of Hempstead 121 AD3d 883 at 884 p. 730
- Brandenburg v. St. Michael's Cemetery 92 AD3d 631 at 632 p. 730