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RICHARD A. PULASKI CONSTRUCTION CO. v. AIR FRAME HANGARS, INC.

950 A.2d 868 (2008)

195 N.J. 457

RICHARD A. PULASKI CONSTRUCTION CO., INC., Plaintiff-Respondent, v. AIR FRAME HANGARS, INC., County Of Mercer, Charles B. Yates, William C. and Catherine Dalton, Gary and Susan Smotrich, Robert Baus, Tudor Corporation, William and Phyllis Glatz, Clement Zilka, Walter Knouse, William Holt, Airtex Products, Inc., Washington Road Associates, Weekend Air Charter Service, Inc., Nicholas Esposito, Brett Nortgren, Robert and Jeanette Agster, Mercer County General Aviation Hangar Condominium Complex Association, James A. Mehling and Karen F. Ritterson, Defendants, and Bruce W. Ritterson, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Debra J. Foca argued the cause for appellant.

Robert T. Lawless, Florham Park, argued the cause for respondent (Hedinger & Lawless, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

In this appeal, we consider whether New Jersey recognizes a cause of action in prima facie tort and, if so, the contours of that cause of action. Assuming, without deciding, that our common law may admit of a cause of action for prima facie tort, it is solely a gap-filler. That is, the availability of the prima facie tort doctrine is limited exclusively to those instances of intentional and culpable conduct unjustified...

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