The court improperly inferred disinterested malevolence, as a matter of law, from defendants' alleged breach of their common-law duty to remove the overhead wires that plaintiff claims were interfering with its public works contract with the City of New York. Defendants' proffered justification for their failure to remove the subject wires, i.e., that in numerous locations plaintiff's work had been completed before defendants received the City's orders directing them to relocate...
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