Legal Question in Civil Litigation in New York
spiteful ex daughter in law
My soon to be ex daughter in law refuses to return my family pictures I loaned her for their videographer to use for their wedding. She is holding them in spite and this is causing me much stress. I requested return by her, and both parents independently with no luck.I have had to be placed on tranquilizers as I have high blood pressure and have already had one stroke. Can I sue her for the return of the pictures and compensation for the undue emotional stress? She has stated she burned them ..what can I do then? My sons divorce lawyer told him I shouldn;t worry about this. Please Help !
2 Answers from Attorneys
Re: spiteful ex daughter in law
You can always sue but you'll need a local attorney.
Re: spiteful ex daughter in law
You may have a cause of action for "intentinal infliction of emotional distress" (IIED). To prevail on a case for IIED you must prove: 1) extreme and outrageous conduct; (2) intentional or reckless nature of the conduct; (3) a causal relationship between conduct and resulting injury; and (4) severe emotional distress.
You have not supplied enough facts for me to assess the merits of your case. For example: Did you give her only one photo of which you have numerous copies or does she have your entire photo collection? Did you have the stroke due to smoking and poor health or did you suffer the stroke upon learning that your ex-daughter-in-law planned on burning your photos. Has your daughter undertaken a campaign of harrassment or did she make only one random and isolated commnet? Etc, etc.
If you would like more information feel free to contact my office.
Marshall R. Isaacs
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