Supreme Court of New Jersey

Richard A. Pulaski Construction Co., Inc., Plaintiff-Respondent v. Air Frame Hangars, Inc., County of Mercer…

July 1, 2008195 N.J. 457

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for entry of judgment in favor of the defendant, holding that the plaintiff’s prima‑facie tort claim fails because the plaintiff possessed an existing contract cause of action and a defective construction lien, and because no corporate veil piercing was warranted. The court declined to recognize a prima‑facie tort remedy where another viable cause of action exists, even if the remedy may be ineffective due to the defendant’s insolvency.