Tenant Claims Landlord's Hidden Camera Caused Emotional Distress

Facts: Nineteen-year-old tenant moved into a two-bedroom upstairs apartment in landlord's house. The next day, while checking the smoke alarm, she discovered that landlord had installed a hidden wireless camera that beamed images to landlord's office downstairs. Tenant moved out immediately and notified police. Landlord was charged with criminal video voyeurism and misdemeanors, struck a plea, and was placed on probation. Tenant later sued landlord for negligence and intentional infliction of emotional distress. She asked the court to rule without a trial.

Court: Tenant loses. A trial was needed because the grounds for landlord's criminal liability aren't identical to those required to prove negligence and emotional distress. Tenant must prove at trial that landlord's conduct was extreme and outrageous and caused more than hurt feelings, insults, and indignities.

Anonymous v. Muratore: Index No. 2816/09 (Sup. Ct. Nassau; 10/27/10; Lally, J) [6-pg. doc.]