Summary
finding that complaint sufficiently alleged special damages for purposes of prima facie tort claim, where it named specific customers lost
Summary of this case from Garafalo v. City of Saratoga SpringsOpinion
Argued February 13, 1967
Decided April 11, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, VINCENT A. LUPIANO, J.
Eleanor Jackson Piel and Paul J. Kern for appellants.
Joseph E. Brill and Bernard J. Levy for respondent.
Order affirmed, with costs, on the opinion at the Appellate Division. In this action for slander of title or injurious falsehood, special damages are sufficiently alleged because of the specific naming of the customers lost. If further itemization or allocation of damages is required it may be obtained by a bill of particulars or pretrial deposition. Question certified answered in the affirmative.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.