From Casetext: Smarter Legal Research

Hays v. Penn Traffic Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 941 (N.Y. App. Div. 2000)

Opinion

March 29, 2000.

Appeal from Order of Supreme Court, Oneida County, Buckley, J. — Summary Judgment.

PRESENT: HAYES, J. P., HURLBUTT, SCUDDER AND KEHOE, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

We agree with plaintiff that Supreme Court properly denied that part of defendant's motion seeking summary judgment on the false arrest cause of action. However, defendant is entitled to summary judgment dismissing the complaint to the extent that it alleges a cause of action for prima facie tort, i.e., the infliction of intentional harm, based on plaintiff's failure to plead special damages ( see, Lincoln First Bank v. Siegel , 60 A.D.2d 270, 279-280 ), and we modify the order accordingly.


Summaries of

Hays v. Penn Traffic Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 941 (N.Y. App. Div. 2000)
Case details for

Hays v. Penn Traffic Company

Case Details

Full title:DALE L. HAYS, PLAINTIFF-RESPONDENT, v. PENN TRAFFIC COMPANY, D/B/A P C…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 29, 2000

Citations

270 A.D.2d 941 (N.Y. App. Div. 2000)
705 N.Y.S.2d 908

Citing Cases

Keskin v. State of New York

My review of the claim here does not permit the inference of actual malice or implied disinterested…