Friday, May 2, 2014

A cause of action for civil conspiracy.

Practice point:  Under New York law, in order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement. A bare conclusory allegation of conspiracy is usually insufficient.

Student note:  New York does not recognize civil conspiracy to commit a tort as an independent cause of action.  However, a plaintiff may plead the existence of a conspiracy in order to connect the actions of the individual defendants with an actionable, underlying tort and establish that those actions were part of a common scheme. The allegation of conspiracy carries no greater burden, but also no less, than to assert adequately common action for a common purpose by common agreement or understanding among a group, from which common responsibility derives.

Case:  Blanco v. Polanco, NY Slip Op 02735 (2d Dept. 2014)

Here is the decision.

Monday's issue:  An attorney's alleged overzealousness and the Judiciary Law.