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SILVERMAN v. PARK TOWERS TENANTS CORP.

Index No. 655867/20, Appeal No. 16061, Case No. 2021-04525.

206 A.D.3d 417 (2022)

169 N.Y.S.3d 61

2022 NY Slip Op 03581

Robert Silverman et al., Plaintiffs, v. Park Towers Tenants Corp., Defendant, and Danielle Toussie et al., Respondents. Mei Yee Mak, Counterclaim Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2022.

Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York (Erik Groothuis of counsel), for appellant.

Warshaw Burstein, LLP, New York (Bruce H. Wiener of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Accepting as true the allegations in the counterclaims, as we must on a motion to dismiss, the Toussies sufficiently pleaded a cause of action for intentional infliction of emotional distress. The counterclaims allege a three-year pattern of conduct in which Mak, in concert with plaintiffs, engaged in a deliberate, systematic, and malicious campaign of harassment and intimidation against Danielle by obtaining unauthorized access to her private Instagram account, accosting...

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