NY Torts Distinctions

Question 1

What is a NY prima facia tort?

Answer 1

Intentional infliction of PECUNIARY harm without justification

Question 2

What are the elements of a NY prima facie tort?

Answer 2

1. Intent to do harm (distinguished from other torts, which only require intent to do act that causes the harm)
2. P must prove special damages (of which, pecuniary loss is an essential element)

Question 3

What is the NY distinction on the use of deadly force in self-defense?

Answer 3

In NY, retreat is REQUIRED before using deadly force, EXCEPT WHEN Actor:

1. Cannot safely retreat,
2. Is in his own dwelling,
3. Is a police officer, OR
4. Is a person assisting a police officer

Question 4

What is the general NY rule on republisher of defamation?

Answer 4

In general, an actor who republishes defamatory material will not be held liable in NY

Question 5

What is the exception to the general NY rule that an actor who republishes defamatory material will not be held liable?

Answer 5

Republisher may be held liable IF he had or should have had substantial reasons to question:

1. the accuracy of the content, OR
2. the original publisher’s good faith and practices