April 11, 2018


Civil case in Supreme Court, Kings County. Court dismissed claim for intentional infliction of emotional distress with prejudice. I would now like to file a claim for negligent infliction of emotional distress. Do I need to buy a new index number and start an entirely new case pending the outcome of the appeal?


If you file another suit on the same set of facts, it likely will be dismissed. ' Negligent infliction of emotional distress' as a cause of action is limited to certain situations, and is not a substitute when you fail to establish your intentional infliction case.

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