In a recently-filed complaint, captioned Vincent Cheung v. Terrell Harper, Sup. Ct. N.Y. Cty. Index No. 153780/2021 (filed April 21, 2021), the plaintiff – an Asian NYPD detective – asserts a claim for intentional infliction of emotional distress against the defendant, who allegedly directed racist insults against him.
From the complaint:
3. That on March 11 , 2021, Defendant did knowingly, purposefully and intentionally cause the plaintiff emotional distress.
4. That on March 11, 2021, Defendant did conduct and/or perform acts which were extreme and outrageous, including but not limited to, the repeated use of: hateful Anti-Asian ethnic slurs; ethnophaulisms; hateful stereotypes; and hostile, aggressive, derogatory, vitriolic, confrontational, and disgustingly racist Anti-Asian epithets.
5. That on March 11, 2021, Defendant, without just cause or provocation, negligently, recklessly and carelessly, spit his saliva on the Plaintiff’s face and into the Plaintiff’s eyes and refused to wear a face mask in the County of New York, City and State of New York while confronting Plaintiff, causing Plaintiff to be scared for his physical health and safety and to suffer emotional distress.
Plaintiff alleges that, as a result, he “has suffered emotional injuries which incapacitated Plaintiff from Plaintiff’s usual duties and/or activities and in the future will continue to incapacitate Plaintiff from Plaintiff’s usual duties and activities and upon information and belief, Plaintiff will in the future incur further costs and expenses for medical care and attention.”
Defendant has not yet answered the Complaint; a review of the court docket indicates that the parties have stipulated to extend defendant’s time to respond to July 14, 2021.