Cinque v Glen Oaks Vil. Owners, Inc.

Holding The court affirmed the denial of the motion to dismiss the trespass and intentional infliction of emotional distress claims, finding the allegations sufficient to state viable causes of action. However, the court modified the order to dismiss the prima facie tort claim because the complaint failed to allege disinterested malevolence or specific pecuniary special damages.

The court’s words

the general and conclusory allegations in the complaint failed to state a cause of action alleging prima facie tort

2026 NY Slip Op 06411, at the official text

the complaint failed to allege that disinterested malevolence was the sole motivation for the conduct

2026 NY Slip Op 06411, at the official text

the complaint, along with the evidentiary material submitted on the motion, alleged that while the plaintiff was out one morning

2026 NY Slip Op 06411, at the official text

the defendants forcibly entered her apartment, removed her personal property, including her cat and dog, gave away the cat to a neighbor

2026 NY Slip Op 06411, at the official text