Brandt v. Winchell

When the prior complaint was before this court (283 App. Div. 338), we dismissed, with leave to replead, indicating the necessity for plaintiff to state by way of separate causes of action what, if any, traditional torts he complained of, and also to allege any prima facie torts by way of a distinct cause of action.

Plaintiff thereupon served the present amended complaint, which is again attacked for insufficiency, this time by defendant Bobst only. The amended complaint proceeds solely on the theory of prima facie tort. As we previously noted, damage is an essential element in a cause of…