CLARK v. NEW YORK TEL. CO.


41 N.Y.2d 1069 (1977)

John W. Clark, Appellant, v. New York Telephone Company, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 1977.


Attorney(s) appearing for the Case

Bert B. Lockwood for appellant.

Robert J. Lutz for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JONES taking no part.


MEMORANDUM.

We agree that plaintiff has failed to state any cause of action that is not barred by the Statute of Limitations. Without intending to suggest any retreat from acceptance of the existence of a cause of action, in proper circumstances, for intentional injury without lawful excuse or justification (see Board of Educ. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 N.Y...

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