Friday, November 23, 2012
In Recently Released Opinion, Court Dismisses Damage Claim Against Proponents of Ground Zero Mosque
In Forras v. Rauf, (NY County Sup. Ct., Sept. 26, 2012) (a decision that was not made available until Nov. 20), a New York trial court dismissed plaintiff's suit to recover damages against defendant who proposed to construct a mosque and Islamic cultural center near Ground Zero in New York City. Plaintiff, who leased nearby office space also used as a part-time residence, alleged nuisance, negligent infliction of emotional distress and assault. He claimed he suffered increased anxiety and fear due to Islamic rituals in one room inside the building. The court found that many of the alleged injuries were the result of the attack on 9-11 and not because of the proposed mosque construction.