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POSNER v. LEWIS

103496/09, 2429.

80 A.D.3d 308 (2010)

912 N.Y.S.2d 53

RONALD BRUCE POSNER, Respondent, v. RUSSELL T. LEWIS et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 9, 2010.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City (Thomas J. Kavaler and M. Justin Lubeley of counsel), for appellants.

Krauss PLLC, White Plains (Geri S. Krauss of counsel), and Jonathan P. Arfa, P.C., White Plains (Jonathan P. Arfa of counsel), for respondent.

NARDELLI and RENWICK, JJ., concur with ANDRIAS, J.; TOM, J.P., and ROMÁN, J., dissent in a separate opinion by TOM, J.P.

OPINION OF THE COURT

ANDRIAS, J.

Plaintiff alleges that defendants engaged in a malicious course of conduct that resulted in the denial of his application for tenure, solely as retribution for plaintiff's refusal to accede to their demands that he relinquish all of his parental rights to his newly born daughter, and not as a genuine effort to promote any public policy concern.

Accepting these allegations as true, and according them the benefit of...

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