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

Appellate Division of the Supreme Court of New York

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

19 A.D.2d 619, 241 N.Y.S.2d 297, 1963 N.Y. App. Div. LEXIS 3450

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 27, 1963

StatusPublished

This text of 19 A.D.2d 619 (Electronic Flooring Systems, Inc. v. National Lead Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Electronic Flooring Systems, Inc. v. National Lead Co., 19 A.D.2d 619, 241 N.Y.S.2d 297, 1963 N.Y. App. Div. LEXIS 3450 (N.Y. Ct. App. 1963).

Pincite

Opinion

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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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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Bluebook (online)

19 A.D.2d 619, 241 N.Y.S.2d 297, 1963 N.Y. App. Div. LEXIS 3450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/electronic-flooring-systems-inc-v-national-lead-co-nyappdiv-1963.