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ROBERTS v. GABRIEL INDUS., INC.

86 A.D.2d 548 (1982)

Malvina Roberts et al., Respondents, v. Gabriel Industries, Inc., et al., Appellants

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

January 19, 1982

The third cause of action is essentially duplicative of the second. As this court observed in Cuker Inds. v Crow Constr. Co. (6 A.D.2d 415, 417), "[t]he allegation of a civil conspiracy, without more, does not in and of itself give rise to a cause of action. The actionable wrong lies in the commission of a tortious act, or a legal one by wrongful means, but never upon the agreement to commit the prohibited act standing alone." We...

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