Rivkin Team Scores Victory in the Appellate Division, Fourth Department

In an action involving the assignee of certain claims for no-fault benefits, the Appellate Division, Fourth Department reversed the lower court’s decision and dismissed plaintiff’s sole cause of action for prima facie tort against our insurance client. Specifically, the Court concluded that the complaint was devoid of facts to support two critical elements of prima facie tort – disinterested malevolence and special damages.

The Court also rejected plaintiff’s attempt to put before the Court a supplemental affidavit used to bolster its claim, on the ground that the lower court did not rely on the affidavit when it rendered its decision.

J’Naia L. Boyd successfully argued the appeal before the Fourth Department with Barry I. Levy, Cheryl F. Korman and Sean McAloon.