Outrage of a Talk Show Host
NOTE: Mario Jackson
Download Request: Current Document: 1
Time Of Request: Sunday, May 26, 2013 11:57:13 EST
Send To:
NEXIS, 146BTS
DEVRY UNIVERSITY
3005 HIGHLAND PKWY
DOWNERS GROVE, IL 60515-5799
Source: NY Supreme Court Cases - Appellate Division from 1875
Project ID:
FOCUS - 1 of 1 DOCUMENT
Jeff Roach et al., Appellants, v. Howard Stern et al., Respondents.
97-01389
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
252 A.D.2d 488; 675 N.Y.S.2d 133; 1998 N.Y. App. Div. LEXIS 7998
January 9, 1998, Argued
July 6, 1998, Decided
PRIOR HISTORY: [***1] In an action, inter alia, to recover damages for the intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated January 13, 1997, which granted the motion by the defendants Howard Stern and Infinity Broadcasting, Inc., pursuant to CPLR 3211 (a) (7) and (1) to dismiss the complaint.
DISPOSITION: ORDERED that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.
CASE SUMMARY:
PROCEDURAL POSTURE: Appellants, decedent's family members, sought review from an order of the Supreme Court, Kings County (New York), that granted the motion of respondents, talk-show host and broadcasting company, to dismiss appellants' complaint for intentional infliction of emotional distress regarding respondents' broadcast of a program where decedent's cremated remains were displayed, based upon a finding that the element of outrageousness was not proven.
OVERVIEW: Respondents, a cable talk show host and a broadcasting company, aired a program where the remains of decedent topless dancer were displayed amid crude remarks. The lower court dismissed pursuant to N.Y. C.P.L.R. 3211(a)(7), (1) the complaint filed by appellants, decedent's family members, for intentional infliction of emotional distress, finding that the element of outrageousness was not proven.
Download Request: Current Document: 1
Time Of Request: Sunday, May 26, 2013 11:57:13 EST
Send To:
NEXIS, 146BTS
DEVRY UNIVERSITY
3005 HIGHLAND PKWY
DOWNERS GROVE, IL 60515-5799
Source: NY Supreme Court Cases - Appellate Division from 1875
Project ID:
FOCUS - 1 of 1 DOCUMENT
Jeff Roach et al., Appellants, v. Howard Stern et al., Respondents.
97-01389
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
252 A.D.2d 488; 675 N.Y.S.2d 133; 1998 N.Y. App. Div. LEXIS 7998
January 9, 1998, Argued
July 6, 1998, Decided
PRIOR HISTORY: [***1] In an action, inter alia, to recover damages for the intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated January 13, 1997, which granted the motion by the defendants Howard Stern and Infinity Broadcasting, Inc., pursuant to CPLR 3211 (a) (7) and (1) to dismiss the complaint.
DISPOSITION: ORDERED that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.
CASE SUMMARY:
PROCEDURAL POSTURE: Appellants, decedent's family members, sought review from an order of the Supreme Court, Kings County (New York), that granted the motion of respondents, talk-show host and broadcasting company, to dismiss appellants' complaint for intentional infliction of emotional distress regarding respondents' broadcast of a program where decedent's cremated remains were displayed, based upon a finding that the element of outrageousness was not proven.
OVERVIEW: Respondents, a cable talk show host and a broadcasting company, aired a program where the remains of decedent topless dancer were displayed amid crude remarks. The lower court dismissed pursuant to N.Y. C.P.L.R. 3211(a)(7), (1) the complaint filed by appellants, decedent's family members, for intentional infliction of emotional distress, finding that the element of outrageousness was not proven.