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You are here: Home1 / Civil Conspiracy2 / NO CONSPIRACY TO COMMIT A TORT CAUSE OF ACTION IN NEW YORK.
Civil Conspiracy

NO CONSPIRACY TO COMMIT A TORT CAUSE OF ACTION IN NEW YORK.

In affirming the dismissal of a complaint, the Second Department explained the law re: conspiracy to commit a tort:

Under New York law, conspiracy to commit a tort is not a separately cognizable cause of action from the underlying tort … . A cause of action alleging conspiracy to commit a tort stands or falls with the underlying tort … . Here, since the court properly granted dismissal of the causes of action alleging defamation and misappropriation of confidential information, the court also properly granted dismissal of the causes of action alleging conspiracy to commit those torts … . Arvanitakis v Lester, 2016 NY Slip Op 08191, 2nd Dept 12-7-16

INTENTIONAL TORTS (NO CONSPIRACY TO COMMIT A TORT CAUSE OF ACTION IN NEW YORK)/CONSPIRACY (CIVIL, (NO CONSPIRACY TO COMMIT A TORT CAUSE OF ACTION IN NEW YORK)/TORTS (NO CONSPIRACY TO COMMIT A TORT CAUSE OF ACTION IN NEW YORK)

December 2, 2016
Tags: Second Department
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THE MEANING OF ‘GROSS EARNED INCOME’ IN THE STIPULATION OF SETTLEMENT AFFECTED THE CALCULATION OF CHILD SUPPORT; THE TERM WAS AMBIGUOUS REQUIRING A HEARING TO DETERMINE THE INTENT OF THE PARTIES (SECOND DEPT).
THE PLAINTIFF IN THIS FORECLOSURE ACTION DID NOT SUBMIT THE BUSINESS RECORDS DEMONSTRATING DEFENDANT’S DEFAULT; PLAINTIFF’S SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
FAILURE TO APPLY FOR A STAY OF ARBITRATION WAIVES ANY CLAIM THE ARBITRATOR HAS EXCEEDED HIS/HER POWERS.
AFTER FATHER’S DEATH, SON COULD NOT SEEK AN INJUNCTION AGAINST MOTHER AND SUE MOTHER FOR BREACH OF CONTRACT BASED UPON MOTHER AND FATHER’S AGREEMENT NOT TO MODIFY OR REVOKE THEIR WILLS WITHOUT THE MUTUAL CONSENT OF THE PARTIES.
Court Has Discretion to Deny a Motion to Dismiss for Failure to Prosecute Pursuant to CPLR 3216 Even in the Absence of an Adequate Excuse and a Showing of a Potentially Meritorious Cause of Action
THE SUPPORT MAGISTRATE DID NOT ENSURE THAT FATHER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVED HIS RIGHT TO COUNSEL IN THIS CHILD SUPPORT PROCEEDING; ORDER OF COMMITMENT REVERSED (SECOND DEPT).
LOSS OF EMPLOYMENT DID NOT JUSTIFY DOWNWARD MODIFICATION OF MAINTENANCE AND SUPPORT, NO SHOWING FATHER WAS NOT AT FAULT FOR LOSING THE JOB, BECAUSE FATHER DID NOT HAVE A RIGHT TO COUNSEL IN THESE PROCEEDINGS, HIS INEFFECTIVE ASSISTANCE ARGUMENT MUST BE BASED UPON EXTRAORDINARY CIRCUMSTANCES WHICH WERE NOT DEMONSTRATED (SECOND DEPT).

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FAILURE TO INFORM CARRIER OF LAWN CARE WORK WARRANTED RETURN OF BENEFITS PAID,... DEFENDANT ENTITLED TO A HEARING ON HIS MOTION TO VACATE HIS CONVICTION, HE ADEQUATELY...
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