Concourse Nursing Home v. Engelstein

Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered May 27, 1999, in an action for tortious interference with contract and prima facie tort, dismissing the complaint pursuant to an order which granted defendants-respondents’ motion to dismiss the complaint for failure to state a cause of action, and denied plaintiffs cross motion to compel disclosure, unanimously affirmed, with costs.

The action was properly dismissed on the ground that the tortious conduct alleged involved the petitioning of a governmental agency that is immune from suit under the First Amendment of the…