CARVELLO v. Jason Flom, Defendant–Appellant. (2026)

Order, Supreme Court, New York County (Mary V. Rosado, J.), entered on or about January 21, 2025, which, to the extent appealed, denied so much of the motion of defendant, Jason Flom, to dismiss plaintiff's complaint as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff's claim for negligent infliction of emotional distress against defendant Jason Flom, her co-employee, should have been dismissed as barred by the exclusivity of the Worker's Compensation Law (see Thomas v. Northeast Theatre Corp., 51 A.D.3d 588, 589, 859 N.Y.S.2d 415 [1st Dept 2008]). In addition, plaintiff failed to plead facts to show that Flom had a duty to plaintiff to control the behavior of others who were committing acts of misconduct towards her (see Jonathan A. v. Board of Educ. of City of N.Y., 8 A.D.3d 80, 81, 779 N.Y.S.2d 3 [1st Dept 2004]).

Plaintiff's claim for intentional infliction of emotional distress based on Flom's having allegedly directed her to sit on his lap during a business meeting should have been dismissed, because, while inappropriate, the alleged misconduct was not “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” (Chanko v. American Broadcasting Cos. Inc., 27 N.Y.3d 46, 57, 29 N.Y.S.3d 879, 49 N.E.3d 1171 [2016] [internal quotation marks omitted] ).

Finally, plaintiff's claim for civil conspiracy should also have been dismissed, as New York does not recognize an independent cause of action for conspiracy to commit a civil tort (see Abacus Fed. Sav. Bank v. Lim, 75 A.D.3d 472, 474, 905 N.Y.S.2d 585 [1st Dept 2010]).