SCHLOTTMAN AGENCY, INC. v. AETNA CAS. & SUR. CO.


70 A.D.2d 1041 (1979)

Schlottman Agency, Inc., Appellant-Respondent, v. Aetna Casualty and Surety Company et al., Respondents-Appellants

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

June 1, 1979


Order modified and, as modified, affirmed, without costs.

Memorandum:

Special Term properly dismissed plaintiff's, Schlottman Agency, Inc., first cause of action in its complaint against defendants Aetna Casualty and Surety Company and the Standard Fire Insurance Company. Further, the third cause of action may not be construed to state a cause of action for prima facie tort since no basis exists for plaintiff to allege that defendants' acts are without excuse...

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