Dana v. Oak Park Marina, Inc.

660 N.Y.S.2d 906 (1997)

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Nature of the Case

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Facts

D owns and operates a marina. There is an office area where employees, including lifeguards, are allowed to change. It also includes men's and ladies' restrooms for use by marina patrons and their guests. The restrooms include a changing area, shower facilities, and toilets. D installed a video surveillance camera in each of the restrooms purportedly for the purpose of detecting and curbing vandalism. The following year the corporation installed two video surveillance cameras in the office area purportedly for the purpose of detecting theft of marina property. P used the ladies changing room and restroom. P's amended complaint alleges that D videotaped about 150 to 200 female patrons and guests in various stages of undress without their knowledge or consent; that the videotapes were viewed by d and others; and that the tapes were displayed to others for purposes of trade. P asserts causes of action for negligence in inflicting severe mental and emotional distress by failing to ensure the privacy of patrons and guests utilizing the ladies' restroom, reckless infliction of emotional distress, and sex discrimination. In part, Ds motioned to dismiss the cause of action for reckless infliction of emotional distress.