To state a legally cognizable claim for prima facie tort, a plaintiff must allege:

1. “[T]he intentional infliction of harm,
2. [W]hich results in special damages,
3. [W]ithout any excuse or justification,
4. [B]y an act or series of acts which would otherwise be lawful.” . . .
5. In addition, there can be no recovery under this theory “unless malevolence is the sole motive for defendant’s otherwise lawful act or, in [other words], unless defendant acts from disinterested malevolence.”

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