CURIANO v. SUOZZI


63 N.Y.2d 113 (1984)

Robert Curiano et al., Appellants, v. Joseph Suozzi et al., Respondents.

Court of Appeals of the State of New York.

Decided October 11, 1984.


Attorney(s) appearing for the Case

Robert E. Steinberg for appellant.

Brian Michael Seltzer for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and KAYE concur; Judge MEYER taking no part.


SIMONS, J.

The question presented on this appeal is whether plaintiffs may recover damages from defendants in a cause of action for prima facie tort because defendants instituted a prior defamation action against them which is still pending and which plaintiffs allege is vexatious and without merit.

The suit arises from campaign literature published by a group of government officials, including plaintiffs...

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