Prima facie torts.

Practice point: The requisite elements for the cause of action include (1) intentional infliction of harm, (2) resulting in special damages, (3) without excuse or justification, (4) by an act or series of acts which are otherwise legal.

Student note: Additionally, central to a cause of action alleging prima facie tort is that the plaintiff's intent was motivated solely by malice or disinterested malevolence.

Case: Diorio v. Ossining Union Free School Dist., NY Slip Op 04314 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motions for leave to renew.