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THE FAILURE TO ALLEGE SPECIAL DAMAGES WITH PARTICULARITY REQUIRED THE DISMISSAL OF THE PRIMA FACIE TORT AND DEFAMATION CAUSES OF ACTION (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined defendant’s motion to dismiss the prima facie tort and slander causes of action should have been dismissed because the allegations of special damages were not stated with particularity:

… [I]n a cause of action to recover damages for slander, where the defamation alleged does not fall into one of the per se categories, a plaintiff suing in slander must plead special damages … . Similarly, a plaintiff seeking to recover damages for prima facie tort must allege special damages … . Here, as to both causes of action, the plaintiff’s nonspecific conclusory allegations failed to allege special damages with specific particularity … . Mable Assets, LLC v Rachmanov, 2021 NY Slip Op 01759, Second Dept 3-24-21

 

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