BROOK SHOPPING CTRS., INC. v. BASS


107 A.D.2d 615 (1985)

Brook Shopping Centers, Inc., et al., Respondents, v. Sandra A. Bass, as Executrix of Edythe Atlas, et al., Appellants, et al., Defendants

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

January 17, 1985


In order to recover counsel fees and punitive damages in circumstances such as are here presented, it must be shown that malice was the gravamen of the defendant's actions and that there was an intentional effort to inflict economic injury upon the plaintiffs by forcing them to engage legal counsel. Those damages must be shown to "have been proximately related to the malicious acts and the acts themselves must have been entirely motivated by a disinterested malevolence on...

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