Opinion
May 6, 1996
Appeal from the Supreme Court, Westchester County (Wood, J., Ingrassia, J.).
Ordered that the appeal from the order dated May 31, 1995, is dismissed, as that order was superseded by the order dated July 21, 1995, made upon reargument; and it is further,
Ordered that the order dated April 28, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated July 21, 1995, is affirmed insofar as reviewed; and it is further,
Ordered that the respondents Andrew Larkin and Kevin Larkin are awarded one bill of costs.
The Supreme Court properly granted the defendants' respective motions insofar as they sought to dismiss the complaint for failure to state a cause of action. The complaint failed to state a cause of action to recover damages for intentional infliction of emotional distress because the conduct complained of is not so outrageous in character or extreme in degree so "`as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community'" ( Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 303, quoting, Restatement [Second] of Torts § 46 [1], comment d; Freihofer v Hearst Corp., 65 N.Y.2d 135, 143). The complaint also failed to state a cause of action to recover damages for negligent infliction of emotional distress because the plaintiff's claims of extreme emotional disturbance are conclusory and unsupported by medical evidence ( see, Erani v. Flax, 193 A.D.2d 777; Callas v. Eisenberg, 192 A.D.2d 349).
The plaintiff's harassment cause of action failed to allege a meritorious claim ( see, Burrell v. International Assn. of Firefighters, 216 A.D.2d 346; Goldstein v. Tabb, 177 A.D.2d 470, 471). The causes of action alleging violations of the noise ordinance of the City of White Plains are equally meritless.
The imposition of sanctions upon the plaintiff for bringing a frivolous appeal is not warranted at this time. Thompson, J.P., Santucci, Joy and Altman, JJ., concur.