Practice point: The elements are: (1) the intentional infliction of harm, (2) which results in special damages, (3) without any excuse or justification, (4) by an act or series of acts which would otherwise be lawful.
Student note: The claim does not lie where defendant's action has any motive other than a desire to injure the plaintiff.
Case: Smith v. Meridian Tech, Inc., NY Slip Op 05954 (2d Dept. 2011
Monday's issue: Architect malpractice.
