Practice point: To establish this cause of action, a plaintiff must demonstrate the existence of a job offer, and must submit evidence sufficient to raise a fact-issue as to whether defendant acted with the sole purpose of harming plaintiff or engaged in improper or unlawful conduct.
Practitioners should note that there is a “but for” standard regarding the effect of defendant’s bad acts.
Case: Murphy v. City of New York, NY Slip Op 01346 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Service of process.
