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Partners Comm. Real Est. v. Kraft Gen. Foods

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 672 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which is to dismiss the fourth cause of action is granted, and the fourth cause of action is dismissed.

The plaintiff commenced this action against, inter alia, the defendant Kozy Shack, Inc., alleging that it had tortiously interfered with the plaintiff's contract to obtain a broker's commission when Kozy Shack, Inc., offered to purchase, and subsequently did purchase, a parcel of real estate. The plaintiff had allegedly previously procured a buyer who was ready, willing, and able to purchase the property. In order to state a cause of action for tortious interference with a contract, a plaintiff must allege, inter alia, that a defendant wrongfully interfered with the contract (see, Kronos, Inc. v. AVX Corp., 81 N.Y.2d 90; Guard-Life Corp. v. Parker Hardware Mfg. Corp., 50 N.Y.2d 183; EDP Hosp. Computer Sys. v. Bronx-Lebanon Hosp. Ctr., 212 A.D.2d 570). The plaintiff failed to allege sufficient facts to plead such wrongful conduct (see, Nassau Diagnostic Imaging Radiation Oncology Assocs. v. Winthop-University Hosp., 197 A.D.2d 563). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

Partners Comm. Real Est. v. Kraft Gen. Foods

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 672 (N.Y. App. Div. 1996)
Case details for

Partners Comm. Real Est. v. Kraft Gen. Foods

Case Details

Full title:PARTNERS COMMERCIAL REAL ESTATE SERVICES, INC., Respondent, v. KRAFT…

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 672 (N.Y. App. Div. 1996)
638 N.Y.S.2d 922