Appellate Division of the Supreme Court of New York, First DepartmentMar 26, 1996
639 N.Y.S.2d 377 (N.Y. App. Div. 1996)
639 N.Y.S.2d 377225 A.D.2d 480

March 26, 1996

Appeal from the Supreme Court, Suffolk County (Alan Oshrin, J.).

Plaintiff's allegations, presumed to be true for the purposes of this motion to dismiss, that defendant-appellant unethically counseled a university student to file a sexual harassment claim that appellant knew to be false and that had a direct bearing on the university's decision to terminate plaintiff's employment wrongfully ( Matter of Starishevsky v Hofstra Univ., 161 Misc.2d 137), that appellant created a hostile atmosphere by divulging confidential harassment proceedings to a newspaper reporter for publication, and that appellant was motivated by a personal vendetta against plaintiff, are sufficient to show that appellant acted solely with disinterested malevolence in seeing plaintiff fired ( Burns Jackson Miller Summit Spitzer v Lindner, 59 N.Y.2d 314, 333). They are accompanied by a particularized claim of special damages in the form of identifiable lost wages and benefits and are sufficient to state a cause of action for prima facie tort ( supra, at 332).

Concur — Sullivan, J.P., Rosenberger, Nardelli, Williams and Tom, JJ.