P, a student at Guilderland Central High School attended an English Studies class which was taught by Birchler (D) (While discussing a 'Homosexual Awareness Assembly' that had been held the previous day, a student asked D, 'Why not call them faggots? That's what they are!' In response, D pointed to P, the only African American in the classroom, and stated, 'Why not call Liz a 'nigger' because that's what she is? Liz, why not tell us what it feels like to be called a 'nigger'?' Ps commenced this action charging Ds with intentional infliction of emotional distress. Ds moved to dismiss the complaint for failure to state a cause of action and Supreme Court granted their motion, finding, insofar as relevant here, * that Ps' allegations did not rise to the level of 'extreme and outrageous conduct' necessary to sustain such a claim. Ps appealed.

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