Casares v. Village of Westbury

Summary

The Appellate Division, Second Department affirmed the dismissal of Denise Casares's amended complaint, which sought damages for mental anguish arising from the Village of Westbury's removal of a tree. The court held that the complaint did not assert a viable negligent infliction of emotional distress claim and failed to allege negligence sufficient to state a cause of action under CPLR 3211(a)(7).

Holdings

1. The amended complaint did not assert a cause of action for negligent infliction of emotional distress, which generally requires a breach of a duty that unreasonably endangered the plaintiff's physical safety or caused the plaintiff to fear for the plaintiff's own safety.
2. Dismissal of the amended complaint under CPLR 3211(a)(7) was proper because the complaint failed to allege negligence and therefore failed to state a cause of action.

Questions Presented

1. Whether the amended complaint stated a cause of action for negligent infliction of emotional distress or another cognizable claim.
2. Whether dismissal under CPLR 3211(a)(7) was proper because the amended complaint failed to allege negligence and therefore failed to state a cause of action.

Disposition

affirmed