Practice point: The elements of a cause of action alleging prima
facie tort are: (1) the intentional infliction of harm, (2) which
results in special damages, (3) without any excuse or justification, (4)
by an act or a series of acts which would otherwise be lawful. To make out a claim sounding in prima facie tort, a plaintiff must have suffered specific and measurable loss, which requires
an allegation of special damages, that is, the loss of something having
economic or pecuniary value.
Student note: Prima facie tort provides a remedy for intentional and
malicious actions that cause harm and for which no traditional tort
provides a remedy. It does not to provide a catch-all alternative for
every cause of action which cannot stand on its own.
Case: Berland v.. Chi, NY Slip Op 06188 (2d Dep't September 28, 2016)
Here is the decision.
Tomorrow's issue: A trivial defect is nonactionable.
