Demicco Bros. v. Consolidated Edison Co.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered May 25, 2006, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment as to liability for prima facie tort, unanimously reversed, on the law, without costs, and the motion denied.

The court improperly inferred disinterested malevolence, as a matter of law, from defendants’ alleged breach of their common-law duty to remove the overhead wires that plaintiff claims were interfering with its public works contract with the City of New York. Defendants’ proffered…