Stubbs v Marmo

[*1] Stubbs v Marmo 2007 NY Slip Op 50284(U) [14 Misc 3d 139(A)] Decided on February 21, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
.

Nancy Stubbs, Plaintiff-Appellant, No. 570508/06

against

Linda Mov Marmo, Defendant-Respondent.

Plaintiff appeals from (1) a judgment of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered December 16, 2005, after a nonjury trial, in favor of defendant dismissing the complaint, and (2) an order (same court and Judge), dated April 5, 2006, which denied plaintiff's motion for a new trial.

PER CURIAM:

Judgment and order (Arthur F. Engoron, J.), entered December 16, 2005 and April 5, 2006, respectively, affirmed, without costs.

Plaintiff's complaint was properly dismissed. To the extent that plaintiff's action was based upon allegations of harassment, New York does not recognize a common-law cause of action for harassment (see Edelstein v Farber, 27 AD3d 202 [2006]), and the conduct complained of did not give rise to any other cognizable cause of action or basis for tort liability.

This constitutes the decision and order of the court. [*2]
Decision Date: February 21, 2007