It is clear that plaintiff's only claim is that defendants should be charged with the allegedly wrongful action of the representatives of the estate. Such a claim must fail since no action for conspiracy lies for lawful acts performed in a lawful manner merely because they have resulted in damage (20 NY Jur 2d, Conspiracy — Civil Aspects, § 2, at 5, citing Cooke v Dodge, 164 Misc. 78, mod 254 App Div 808). Although alleged, there is no showing of...
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