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FEEHAN v. CONSOLIDATED EDISON CO. OF N.Y., INC.

Index No. 154755/22, Appeal No. 2303, Case No. 2023-04590.

2024 NY Slip Op 02753

ANDREW FEEHAN, Plaintiff-Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant-Respondent.

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

Decided May 16, 2024.

Attorney(s) appearing for the Case

Advocates for Justice Chartered Attorneys, New York ( Richard Soto of counsel), for appellant.

Littler Mendelson P.C., New York ( Sylvia Jeanine Conley of counsel), for respondent.

Before: Webber, J.P., Kern, Shulman, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered February 24, 2023, which granted defendant's motion to dismiss the complaint and denied plaintiff's motion for leave to file a second amended complaint, unanimously affirmed, without costs.

The motion court properly granted defendant's motion to dismiss the amended complaint, which asserted a single cause of action for prima facie tort, because plaintiff has failed to plead that "disinterested malevolence...

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