Appellate Division of the Supreme Court of New York, 1963

Electronic Flooring Systems, Inc. v. National Lead Co.

Electronic Flooring Systems, Inc. v. National Lead Co.
Appellate Division of the Supreme Court of New York · Decided June 27, 1963
19 A.D.2d 619; 241 N.Y.S.2d 297; 1963 N.Y. App. Div. LEXIS 3450
Electronic Flooring Systems, Inc. v. National Lead Co.

Opinion of the Court

Order, insofar as appealed from, entered on February 26,1963, unanimously modified on the law 'by striking the 13th cause of action; and, as so modified, affirmed, without costs. The 13th cause of action alleges a conspiracy to injure the plaintiff in its business by publishing the alleged libel which is the subject of the preceding causes of action. Assuming that the publication alleged to be libelous is so in fact, a conspiracy to publish adds nothing to the actual publication. If, however, the publication is found to be not otherwise actionable, the conspiracy could, with the addition of other facts, be the basis of an action for prima facie tort. The allegations of the cause of action do not contain the necessary elements. Concur — Botein, P. J., Stevens, Steuer, Bergan and Bastow, JJ.

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