The following excerpt is from Goldberg v. Columbia Broadcasting System, Inc., 205 N.Y.S.2d 611, 25 Misc.2d 129 (N.Y. Sup. Ct. 1960):
[25 Misc.2d 131] In the third cause, plaintiff attempts to allege upon prima facie tort. It is urged with respect thereto that there is lacking any allegation of temporal damage, and, in addition, there are allegations extraneous to the statement of such a cause. Plaintiff has argued with respect to the first cause that it is in defamation, in fraud, and action on the case. Kujek v. Goldman, 150 N.Y. 176, 44 N.E. 773, 34 L.R.A. 156. Again, in support of the third cause, he urges prima facie tort or action on the case.
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