Order reversed, with $50 costs and disbursements, and motion denied.
Plaintiff alleges a prima facie tort as the underlying claim in support of the preliminary injunction. However, the affidavits of the opposing parties present conflicting views concerning the key question of evil motive or intent to do harm, proof of which is requisite to the ultimate success of plaintiff's action (see Beardsley v Kilmer, 236 N.Y. 80). That issue may not be resolved without...
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