In Kaye v. Trump, 58 AD3d 579, 873 NYS2d 5 (1st Dept 2009), the court upheld the dismissal of the plaintiff's claim for intentional infliction of emotional distress alleging that defendants made rude remarks to plaintiff, commenced two baseless lawsuits, filed a criminal complaint against her, and frightened her and her daughter by attempting to instigate her arrest. The court explained that "this conduct, while not to be condoned, is not so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community."