Galicia v Trump
2018 NY Slip Op 00388 [157 AD3d 591]
January 23, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 28, 2018


[*1]
 Efrain Galicia et al., Appellants,
v
Donald J. Trump et al., Respondents, et al., Defendants.

Roger J. Bernstein, New York, and Eisner & Dictor, P.C., New York (Benjamin N. Dictor of counsel), for appellants.

Belkin Burden Wenig & Goldman, LLP, New York (Jeffrey L. Goldman of counsel), respondents.

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about August 31, 2016, which, insofar as appealed from, granted defendants' motion to dismiss plaintiff's third cause of action for tortious interference with political speech/prima facie tort, unanimously affirmed, without costs.

The court properly dismissed the third cause of action, which was not brought as a tort claim under 42 USC § 1983 for interference with plaintiffs' constitutional rights to free speech, but as a claim for tortious interference with political speech, which is not recognized under New York law. Concur—Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.