Opinion
4500
November 4, 2004.
Order, Supreme Court, New York County (Herman Cahn, J.), entered March 5, 2004, granting defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.
Before: Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.
The agreement between the parties solely concerned the limited service of processing plaintiff's customers' credit card transactions and failed to contain a term certain for its duration. Thus, the agreement was terminable at will ( Beslow v. Novell, Inc., 242 AD2d 501) and not subject to the implied duty of good faith and fair dealing ( Lipsky v. Guardian Life Ins. Co., 268 AD2d 310, 311, citing Murphy v. American Home Prods. Corp., 58 NY2d 293).
Plaintiff's cause of action for tortious interference with prospective economic advantage was also properly dismissed. Assuming, arguendo, that defendant owed plaintiff a duty not to interfere with the relationship with nonparty Humboldt Bank, plaintiff failed to allege the requisite unlawful means or malicious intent to sustain such a claim ( Thur v. IPCO Corp., 173 AD2d 344, 345, lv dismissed 78 NY2d 1007).