Billionaire George Soros may have smacked his ex-girlfriend around, but he did not cause the Brazilian actress any emotional pain by reneging on a promise to buy her a $2 million dream home, an appeals court ruled Tuesday.
A five-judge panel overturned a lower court’s decision that declined to toss Adriana Ferreyr’s civil case against her much older former beau finding that “as a matter of law, [Soros’] failure to buy [Ferreyr] a condominium apartment as allegedly promised cannot be said to be extreme and outrageous.”
That’s the legal threshold for the claim of “intentional infliction of emotional distress” made by Ferreyr, 30, in her 2011 lawsuit.
The Appellate Division also found that the filthy rich octogenarian, who recently married his third wife, did no act “with disinterested malevolence” nor did he cause ‘”unconscionable injury” by the broken promise to purchase the E. 85th Street pad.
The unanimous decision found that Ferreyr can pursue her case against Soros on one remaining claim– that he committed assault and battery by slapping her face and grabbing her throat.
After meeting at a Hamptons luncheon in 2006, the couple had a turbulent five year relationship.
During a post-break up bed session in Soros’ apartment in August 2010 Ferreyr claims the mean-hearted mogul started an argument by confessing that he gave the Upper East Side apartment to a new girlfriend.
“While still in bed Soros slapped Ferreyr across the face and proceeded to put his hands around her neck in an attempt to choke her,” the suit says.
“Ferryer was able to escape Soros’ initial attack and pick up a nearby lamp for protection, at which point Soros grabbed the lamp from Ferreyr and attempted to strike her with it.”
She had to get stitches to repair glass shards that were embedded in her foot, according to court papers.
The judges said Soros’ only challenge to that accusation– that Ferreyr’s report to the police over the fight contradicted the details in her civil suit– was not enough to dismiss the charges that he roughed her up.
Soros’ attorney William Zabel said, “We are gratified by the court’s decision vindicating Mr. Soros. We are confident that in time the court will also reject the absurd claim of assault.”
Ferreyr’s new attorney, Javier Solano, said his client was “disappointed” about the emotional harm claim “ecstatic that she’s going to be able to purse” the remaining claim for assault and battery. “At some point George Soros is going to find himself on a witness stand in open court answering some very uncomfortable questions,” Solano warned.