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OPEDAL v. ATL. COS.

42 A.D.2d 520 (1973)

Lawrence Opedal, Respondent, v. Atlantic Companies, Appellants

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

June 7, 1973

Respondent shall recover of appellants $60 costs and disbursements of this appeal.

Markewich and Steuer, JJ., dissent in the following memorandum:

We dissent only insofar as Special Term granted permission to replead the second and third causes of action. Special Term allowed amendment to enable plaintiff to plead special damages thereby qualifying the request for relief as prima facie tort. The facts pleaded are briefly these. Defendant is a fire insurance...

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