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Dana v. Oak Park Marina, Inc.

660 N.Y.S.2d 906 (1997)

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Dana v. Oak Park Marina, Inc.

New York Supreme Court, Appellate Division, Fourth Department

660 N.Y.S.2d 906 (1997)

Facts

Oak Park Marina, Inc. (Oak Park) (defendant) owned and operated a marina on the shore of Lake Ontario in upstate New York. The marina consisted of a business office, restrooms, a changing area, and showers. Oak Park installed a number of video surveillance cameras around the premises for the purpose of detecting theft of marina property. Mary Lynn Dana (plaintiff), a patron who used the marina’s ladies changing room and restroom, learned that Oak Park had videotaped her and approximately 150 to 200 other female patrons and guests in various stages of undress without their knowledge or consent. Subsequently, Dana claimed that Oak Park employees viewed the tapes and displayed the tapes to other people. Dana filed a multi-count suit on behalf of herself and other female patrons similarly situated against Oak Park and the company’s individual owners and operators (defendants). Dana asserted causes of action including sex discrimination and reckless infliction of emotional distress. The defendants moved to dismiss Dana's complaint, arguing, among other things, that New York does not recognize a cause of action for reckless infliction of emotional distress. The trial court dismissed Dana's sex-discrimination claim but denied the remainder of the defendants' motion. The defendants appealed to the New York Supreme Court's Appellate Division.

Rule of Law

Issue

Holding and Reasoning (Balio, J.)

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