Decided May 3, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JEROME MARKS, J.
Cameron K. Wehringer, appellant pro se. Richard G. Rosenbaum for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. Plaintiff has not stated a cause of action in either prima facie tort (see ATI, Inc. v Ruder Finn, 42 N.Y.2d 454) or intentional infliction of mental distress ( Fischer v Maloney, 43 N.Y.2d 553).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.