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Hardtop Pavers Inc. v. Brown

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1974
46 A.D.2d 732 (N.Y. App. Div. 1974)

Opinion

October 31, 1974

Appeal from the Onondaga Special Term.

Present — Marsh, P.J., Cardamone, Simons, Goldman and Del Vecchio, JJ.


Order unanimously affirmed, without costs. Memorandum: The complaint sufficiently states a cause of action for malicious interference with a prospective contract. For that reason the motion to dismiss made pursuant to CPLR 3211 (subd. [a], par. 7) should have been denied. However, since plaintiff failed to make any evidentiary showing to support the allegation that defendants "knowingly, intentionally and maliciously" interfered with its right to receive the paving contract in opposition to defendants' demonstration of justification for their conduct, there was no triable issue of fact and the court properly granted summary judgment dismissing the complaint ( Indig v. Finkelstein, 23 N.Y.2d 728; Campbell v. Gates, 236 N.Y. 457).


Summaries of

Hardtop Pavers Inc. v. Brown

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1974
46 A.D.2d 732 (N.Y. App. Div. 1974)
Case details for

Hardtop Pavers Inc. v. Brown

Case Details

Full title:HARDTOP PAVERS, INC., Appellant, v. ROBERT M. BROWN et al., Respondents

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

Date published: Oct 31, 1974

Citations

46 A.D.2d 732 (N.Y. App. Div. 1974)