Dana v. Oak Park Marina, Inc.
New York Supreme Court, Appellate Division, Fourth Department
660 N.Y.S.2d 906 (1997)
Oak Park Marina (defendant) installed surveillance cameras ostensibly to detect theft but allegedly used them to secretly videotape Dana (plaintiff) and roughly 150-200 other female patrons in various stages of undress in the marina's changing room and restroom without their knowledge, and employees allegedly viewed the tapes with others for purposes of trade; Dana sued for negligent infliction of emotional distress on behalf of herself and similarly situated patrons, and the defendants moved to dismiss that count, which the trial court denied.
Whether a plaintiff may recover for negligent infliction of emotional distress if the defendant recklessly exhibited extreme and outrageous conduct with an intent to cause, or in disregard of a substantial probability of causing, severe emotional distress.