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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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JUDICIARY LAW 487 ACTION AGAINST ATTORNEYS, ALLEGING AN INTENTION TO DECEIVE THE COURT IN A DIVORCE PROCEEDING, PROPERLY DISMISSED (SECOND DEPT).
ALTHOUGH THERE WAS PROOF THE 90-DAY NOTICES WERE MAILED TO THE PRO SE PLAINTIFFS, THERE WAS ALSO PROOF THE MAIL WAS NOT DELIVERED AND WAS RETURNED; WITHOUT PROOF PLAINTIFFS ACTUALLY RECEIVED THE 90-DAY NOTICES, THE COURT SHOULD NOT HAVE DISMISSED THE ACTION FOR WANT OF PROSECUTION (SECOND DEPT).
DEFENDANT CORPORATION IN THIS FORECLOSURE ACTION RAISED A QUESTION OF FACT ABOUT WHETHER THE PERSON WHO SIGNED THE LOAN DOCUMENTS ON BEHALF OF THE CORPORATION HAD THE APPARENT AUTHORITY TO DO SO; PLAINTIFF CANNOT RELY SOLELY ON THE PURPORTED AGENT’S ASSERTIONS OF AUTHORITY, BUT RATHER MUST MAKE A REASONABLE INQUIRY (SECOND DEPT).
NEGLIGENCE CAUSE OF ACTION AGAINST LANDLORD BASED UPON AN ASSAULT AGAINST PLAINTIFF IN THE HALLWAY OF PLAINTIFF’S APARTMENT BUILDING PROPERLY DISMISSED (SECOND DEPT).
THE STIPULATION OF DISCONTINUANCE DID NOT DEMONSTRATE THE MORTGAGE DEBT WAS DE-ACCELERATED WITHIN THE SIX-YEAR STATUTE OF LIMITATIONS PERIOD IN THIS FORECLOSURE ACTION; THE BANK’S MOTION FOR SUMMARY JUDGMENT WAS PROPERLY DENIED (SECOND DEPT).
DEFENDANT GIVEN OPPORTUNITY TO MOVE TO VACATE GUILTY PLEA ON GROUND HE WAS NOT INFORMED OF THE DEPORTATION CONSEQUENCES.
CORRESPONDENCE ESTABLISHED AN ENFORCEABLE SETTLEMENT AGREEMENT.
Deed-Escrow Conditions Never Satisfied—Transfer Never Took Place

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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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