context: Consequently, in the "rare instances" where New York courts have recognized a claim for intentional infliction of emotional distress in the employment context, the claims have alleged not merely sexual harassment, but "more significantly, battery."
citation_a.signal: see also
citation_a.parenthetical: finding that plaintiffs who alleged episodes of harassment, including "minor physical abuse," had stated claims for intentional infliction of emotional distress
citation_a.sentence: Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing Foster v. Chase Manhattan Bank, N.A., 609 F.Supp. 1191, 1198 (S.D.N.Y.1985) (Leisure, J.) (finding conduct sufficiently outrageous where employer forced plaintiff into an ongoing sexual relationship); O’Reilly v. Executone, Inc., 121 A.D.2d 772, 503 N.Y.S.2d 185, 186 (3d Dep’t 1986) (affirming denial of motion to dismiss where plaintiff had been subjected to physical sexual contact, jokes, pornography, and erotica); Collins v. Willcox, Inc., 158 Misc.2d 54, 600 N.Y.S.2d 884, 885-86 (Sup. Ct.1992) (holding that “a pattern of behavior that continually put [plaintiff] in embarrassing, humiliating and demeaning positions” that included sexual harassment and battery “might well rise to the level of outrageous”)); see also Salvatore, 1999 WL 796172, at *2-*3 (finding that plaintiffs who alleged episodes of harassment, including “minor physical abuse,” had stated claims for intentional infliction of emotional distress); Sowemimo, 43 F.Supp.2d at 491 (“Courts have observed that a plaintiff must allege sexual battery in order to survive ... summary judgment in the sexual harassment context.
citation_b.signal: no signal
citation_b.identifier: 503 N.Y.S.2d 185, 186
citation_b.parenthetical: affirming denial of motion to dismiss where plaintiff had been subjected to physical sexual contact, jokes, pornography, and erotica
citation_b.sentence: Gerzog v. London Fog Corp., 907 F.Supp. 590, 604 (E.D.N.Y.1995) (citing Foster v. Chase Manhattan Bank, N.A., 609 F.Supp. 1191, 1198 (S.D.N.Y.1985) (Leisure, J.) (finding conduct sufficiently outrageous where employer forced plaintiff into an ongoing sexual relationship); O’Reilly v. Executone, Inc., 121 A.D.2d 772, 503 N.Y.S.2d 185, 186 (3d Dep’t 1986) (affirming denial of motion to dismiss where plaintiff had been subjected to physical sexual contact, jokes, pornography, and erotica); Collins v. Willcox, Inc., 158 Misc.2d 54, 600 N.Y.S.2d 884, 885-86 (Sup. Ct.1992) (holding that “a pattern of behavior that continually put [plaintiff] in embarrassing, humiliating and demeaning positions” that included sexual harassment and battery “might well rise to the level of outrageous”)); see also Salvatore, 1999 WL 796172, at *2-*3 (finding that plaintiffs who alleged episodes of harassment, including “minor physical abuse,” had stated claims for intentional infliction of emotional distress); Sowemimo, 43 F.Supp.2d at 491 (“Courts have observed that a plaintiff must allege sexual battery in order to survive ... summary judgment in the sexual harassment context.