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Efrain Galicia et al., Appellants, v. Donald J. Trump et al., Respondents, et al., Defendants

New York Supreme Court, Appellate Division2018-01-23
157 A.D.3d 59166 N.Y.S.3d 882

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Opinion

majority opinion

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about August 31, 2016, which, insofar as appealed from, granted defendants’ motion to dismiss plaintiff’s third cause of action for tortious interference with political speech/prima facie tort, unanimously affirmed, without costs.

The court properly dismissed the third cause of action, which was not brought as a tort claim under 42 USC § 1983 for interference with plaintiffs’ constitutional rights to free speech, but as a claim for tortious interference with political speech, which is not recognized under New York law.

Concur—Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.