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Plymouth Drug Wholesalers, Inc. v. Kirschner

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 479 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Kings County (Barasch, J.).


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the amended complaint is dismissed insofar as asserted against the defendant Drug Guild Distributors, Inc., and the action against the remaining defendants is severed.

The only cause of action in the amended complaint alleged against the defendant Drug Guild Distributors, Inc. (hereinafter Drug Guild), was one that sounded in civil conspiracy. However, New York does not recognize civil conspiracy as an independent cause of action ( see, Fisher v. Bristol Meyers, 224 A.D.2d 657; Walters v. Pennon Assocs., 188 A.D.2d 596; New Dimensions Spa v Fitness Place Rockville Centre, 187 A.D.2d 493; Sutton Edwards v. Samuels, 187 A.D.2d 501). Therefore, Drug Guild's cross motion for summary judgment dismissing the amended complaint insofar as asserted against it should have been granted.

Rosenblatt, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.


Summaries of

Plymouth Drug Wholesalers, Inc. v. Kirschner

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 479 (N.Y. App. Div. 1997)
Case details for

Plymouth Drug Wholesalers, Inc. v. Kirschner

Case Details

Full title:PLYMOUTH DRUG WHOLESALERS, INC., Respondent, v. BARRY KIRSCHNER et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

Citations

239 A.D.2d 479 (N.Y. App. Div. 1997)
658 N.Y.S.2d 64

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