Burns Jackson Miller Summit & Spitzer v. Lindner

New York Court of Appeals · Decided 1983-06-16

Cited by 513 later decision(s) in our corpus · see the citation network in Lexace

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Chief Judge Cooke (concurring). I agree that appellants have not stated a cause of action. Inasmuch as the court expressly does not now decide “whether an unlawful act can be the predicate for prima facie tort,” the abstract discussion of the merits of the proposition (pp 332-333) is jurisprudentially unwise and will serve only to confuse litigants and the courts. The inappropriateness of the dicta is magnified by its inconclu…

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