Matter of Eck v. Eck

In Matter of Eck v. Eck (44 AD3d 1168, 844 NYS2d 460 [2007]), the conduct complained of as constituting harassment in the second degree consisted of respondent making disparaging remarks and accusations concerning petitioner to petitioner's employer. The appellate court, in affirming the dismissal of the petition, stated it did so in deference to the Family Court's credibility determinations that the proved conduct did not support a finding of harassment in the second degree. The appellate court did not expressly rule that communications to the other person's employer calculated to cause that person to be terminated from employment could not as a matter of law constitute harassment, if sufficiently proved.