(Download) "Joyce K. Luciano v. Kenneth Handcock" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Joyce K. Luciano v. Kenneth Handcock
- Author : Supreme Court of New York
- Release Date : January 20, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appeal from an order and judgment of the Supreme Court at Special Term, entered January 30, 1980 in Albany County, which granted a motion by defendant for summary judgment dismissing the complaint. On August 16, 1977, in a custody proceeding involving plaintiff and her husband, an affidavit was submitted to the court by defendant, a psychiatrist, describing plaintiff as having serious emotional problems and recommending that temporary custody be awarded to plaintiffs husband. The present action against defendant was commenced by plaintiff in August, 1979. The complaint denominates two causes of action. The first alleges that plaintiff suffered severe emotional distress caused intentionally by defendant as a result of the submission of the affidavit. The second cause of action alleges that plaintiff suffered injury to her reputation and endurance of public ridicule as a result of certain false and defamatory remarks contained in defendants affidavit. Special Term granted defendants motion for summary judgment pursuant to CPLR 3212 and dismissed the complaint. This appeal ensued. Initially, plaintiff maintains that the complaint does set forth a meritorious cause of action for the intentional infliction of severe [78 A.D.2d 943 Page 944]