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Leff v. Our Lady of Mercy Academy

150 A.D.3d 1239 (2017)

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Leff v. Our Lady of Mercy Academy

New York Supreme Court, Appellate Division
150 A.D.3d 1239 (2017)

Facts

E.L. (plaintiff) was a high-school student at Our Lady of Mercy Academy (academy) (defendant). An unknown person widely circulated an intimate photograph of E.L. that showed a naked portion of her body to the academy’s students and parents and identified E.L. as the subject of the photograph. As a result of the mass dissemination of the photograph, E.L. allegedly had to leave the academy to avoid expulsion and suffered extreme emotional distress. Through her mother (plaintiff), E.L. filed a petition pursuant to Civil Practice Law and Rules (CPLR) § 3102(c) for presuit discovery from the academy regarding the names of anyone who sent the photograph to the school or who identified E.L. in the photograph. E.L. and her mother did not request any other information, such as material regarding the academy’s investigation of the matter. E.L. and her mother’s petition stated their intent to pursue a cause of action for the intentional infliction of emotional distress against the person or persons responsible for disseminating the photograph and identifying E.L. The academy opposed the petition, claiming that E.L. and her mother did not identify a viable cause of action. The supreme court ordered the academy to provide E.L. and her mother with the relevant information. The academy appealed.

Rule of Law

Issue

Holding and Reasoning ()

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