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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, along with other people, for the purposes of trade. 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), including an allegation of negligent infliction of emotional distress (NIED). The defendants filed a motion to dismiss the NIED count. The trial court denied the defendants’ motion, and the defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Balio, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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