1 Elements and Case Citations
To state a legally cognizable claim for prima facie tort, a plaintiff must allege:
- “[T]he intentional infliction of harm,
- [W]hich results in special damages,
- [W]ithout any excuse or justification,
- [B]y an act or series of acts which would otherwise be lawful.” . . .
- 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.”
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.