Prima Facie Tort as a Cause of Action in New York

Prima facie tort is a unique type of legal claim recognized in New York that focuses on intentional harm caused by otherwise lawful conduct. Unlike traditional torts such as assault or defamation, prima facie tort addresses conduct that may not violate any specific law but is nonetheless wrongful because it is carried out solely to hurt someone. This cause of action is narrow and rarely used, but it provides a potential remedy when no other legal claim quite fits the harm suffered.

Intentional Infliction of Harm

The first requirement is that the defendant intentionally sought to cause harm. It is not enough that harm resulted by accident or even through recklessness. The plaintiff must show that the defendant’s primary motivation was to injure them. Courts will often look at whether the act had any legitimate purpose beyond causing damage. For example, firing an employee out of spite, with no business reason, could meet this requirement if all other elements are also satisfied.

Special Damages

To bring a successful prima facie tort claim, the plaintiff must also allege and prove special damages. These are specific, measurable financial losses that resulted from the defendant’s conduct. General emotional distress or damage to reputation is not enough. Instead, the plaintiff must show things like lost income, costs incurred, or other quantifiable losses caused directly by the defendant’s actions. This element distinguishes prima facie tort from other torts where emotional harm may be sufficient.

Without Excuse or Justification

The defendant’s actions must lack any legal or moral justification. If the conduct can be explained by a legitimate reason—such as enforcing a contract, protecting property, or exercising a legal right—then a prima facie tort claim is unlikely to succeed. The absence of excuse or justification reinforces that this type of claim only applies in situations where the conduct is carried out with malicious intent and no proper rationale.

Otherwise Lawful Conduct

One of the most interesting aspects of prima facie tort is that the underlying conduct must be lawful. That means the act itself is not illegal under any other statute or recognized tort law. If the conduct is already covered by another legal claim—like fraud or breach of contract—then a plaintiff cannot usually bring a prima facie tort claim on top of it. The law is intended as a fallback option, not a duplicate remedy.

Conclusion

Prima facie tort is a rare but powerful legal claim in New York when someone engages in lawful conduct solely to cause harm, without any legitimate excuse, and that harm results in measurable damages. Because of its strict requirements—especially the need to prove intent and special damages—it is not often successful. However, in cases where a defendant’s actions are clearly driven by malice and fall outside the bounds of other legal remedies, prima facie tort provides a path to accountability. It exists to ensure that harmful acts do not go unchecked simply because they don’t fit neatly into other legal categories.

Find the Law

“To state a claim for prima facie tort, plaintiff must plead “(1) the intentional infliction of harm, (2) which results in special damages, (3) without any excuse or justification, (4) by an act or series of acts which would otherwise be lawful” ( Freihofer v Hearst Corp., 65 NY2d 135, 142-143; see also Learning Annex Holdings, LLC v Gittelman, 48 AD3d 211).” Posner v. Lewis, 80 A.D.3d 308, 312 (N.Y. App. Div. 2010)