Tenants Claim Neighbor Intentionally Caused Emotional Distress

Tenants sued their downstairs neighbor, claiming intentional infliction of emotional distress. Tenants claimed that the neighbor continually banged on his ceiling with a baseball bat or broomstick directly under tenants' bedroom or living room at all hours of day and night, for over 18 months. Tenants claimed that the neighbor did this solely to harass and intimidate them and their three-month-old baby. Tenants also claimed that the neighbor's actions caused them sleep loss, bodily pain, and mental anguish. The neighbor asked the court to dismiss the case, claiming that there was no legal basis for the lawsuit. The court ruled against the neighbor. Tenants' claims, if proved, showed deliberate harassment that could cause emotional distress. Tenants could pursue their claim against the neighbor.

Medows v. Stern: NYLJ, 5/18/07, p. 22, col. 1 (Sup. Ct. NY; Diamond, J)