ANONYMOUS v. PACKER (2026)

DECISION & ORDER

In an action, inter alia, to recover damages for medical malpractice, fraud, and intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), dated August 18, 2022.  The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the amended complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant, who was the plaintiff's psychologist for several years, to recover damages for, inter alia, medical malpractice, fraud, and intentional infliction of emotional distress.  In February 2022, the plaintiff filed an amended complaint.  The defendant thereafter moved pursuant to CPLR 3211(a) to dismiss the amended complaint.  The plaintiff opposed the motion.  In an order dated August 18, 2022, the Supreme Court granted the defendant's motion.  The plaintiff appeals.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the amended complaint.  There is nothing in the record to suggest that the court declined to consider the plaintiff's opposition papers (see Emigrant Funding Corp. v. Kensington Realty Group Corp., 178 A.D.3d 1020, 1022, 116 N.Y.S.3d 95).

The defendant's remaining contentions either need not be reached in light of the foregoing or are based on matter dehors the record.

DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.