Elmowitz v. Executive Towers at Lido, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, as of the date of the opinion, not a single intentional infliction of emotional distress claim had survived scrutiny by the New York Court of Appeals
• denying a motion to dismiss and finding that the plaintiff had sufficiently pled that he was qualified to rent the apartment by alleging that he intended to renew his lease and had renewed his lease in the past
• publicly shouting derogatory remarks and hitting plaintiff multiple times with a telephone was insufficiently extreme and outrageous
• publicly shouting derogatory remarks and hitting plaintiff multiple times with a telephone was insufficiently extreme and outrageous
• “Very few claims satisfy the extreme and outrageous requirement of a IIED claim. In fact, none of the IIED claims considered by the New York Court of Appeals have survived because the conduct was not sufficiently outrageous.”
• “Even though typical FHA claims apply to those seeking to rent or purchase housing, the language of the statute is broad enough to encompass an existing tenant who is denied access to [his] dwelling because of a handicap.”

Source: CourtListener parenthetical corpus (CC0).