ALLEN v. CAYUGA LAKE PROP. OWNERS ASS'N, INC.


31 A.D.2d 680 (1968)

James W. Allen et al., Appellants, v. Cayuga Lake Property Owners Association, Inc., et al., Defendants, and John T. Barton, Respondent

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

December 20, 1968


MEMORANDUM BY THE COURT.

The allegation that Barton ordered the appellants' agent from the dam site does not establish the perpertration of an independent tort against the appellant nor does it allege that Barton was motivated by financial gain. Special Term correctly found that "The act of the defendant, Barton, which is complained of bears no relevancy to the complaint or the relief sought."

Order affirmed, with...

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