New York Court of Appeals

ATI, Inc. v. Ruder & Finn, Inc.

October 6, 197742 N.Y.2d 454

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's complaint for failure to state a cause of action for a prima facie tort and denied leave to amend the pleading. The court held that the alleged conduct was justified by public health concerns and that the plaintiff did not allege special damages, and therefore the complaint could not survive a motion to dismiss.