James v. Board of Education

I join in the dissenting opinion of Judge Cooke that, for the reasons he has stated there, plaintiff’s pleading of a cause of action in prima facie tort should have survived the motion to dismiss. Even if that were not so, I believe plaintiff also stated a good cause of action based on *895section 1983 of title 42 of the United States Code1 and that, as requested by plaintiff, his amended complaint should be regarded as though his case had been formally brought under that statute as well.

Of course, New York courts have just as much power and obligation to entertain causes of action based on…