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NOEL v. INTERBORO MUT. IND.

31 A.D.2d 54 (1968)

Norbert L. Noel, Respondent, v. Interboro Mutual Indemnity Insurance Company et al., Appellants

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

November 26, 1968.

Attorney(s) appearing for the Case

William Schurtman of counsel (Shea Gallop Climenko & Gould, attorneys), for appellants.

Sidney J. Loeb of counsel (Benjamin Goldbaum with him on the brief; Prince & Loeb, attorneys), for respondent.

EAGER, J. P., STEUER and CAPOZZOLI, JJ., concur with TILZER, J.; McGIVERN, J., dissents in opinion.

TILZER, J.

In filing his note of issue below the plaintiff designated his second cause of action as a "Prima facie tort of business interference." In denying the defendants' motion to dismiss such cause as barred by the one-year Statute of Limitations applicable to defamation actions, Special Term gave its sanction to this designation, holding that the action sounded in prima facie tort and that the six-year statute...

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