WILLIAMSON v. SMITH


19 A.D.2d 755 (1963)

George M. Williamson, Respondent, v. Daniel T. Smith et al., Individually and Constituting The Board of Education of Consolidated Union Free School District Number Five, Town of Southold, Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 8, 1963


Order reversed, with $10 costs and disbursements; motion granted, and third cause of action dismissed as against the defendant board.

In our opinion, the third cause of action, which is pleaded against both the defendant board and the defendant Allardt, Jr. (an architect), fails to set forth a cause of action for prima facie tort, intentional falsehood or conspiracy to induce a breach of the contract between the plaintiff and the board. Nor, in our opinion, does this...

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