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Preview Construction Co., Inc. v. Roth

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 590 (N.Y. App. Div. 1986)

Opinion

February 3, 1986

Appeal from the County Court, Rockland County (Meehan, J.).


Judgment affirmed, with costs.

Plaintiff has not appealed from the judgment in this action in favor of defendants Chester and Frances Roth, which expressly held that no contract existed between plaintiff and the Roths. Plaintiff's cause of action against respondents for intentional interference with the same alleged contract is therefore barred by collateral estoppel (see, Israel v. Wood Dolson Co., 1 N.Y.2d 116). In any event, plaintiff's evidence, viewed in the light most favorable to plaintiff, fails to establish the necessary elements of either intentional interference with contract or intentional interference with prospective business relations (see, Burns Jackson Miller Summit Spitzer v. Lindner, 88 A.D.2d 50, affd 59 N.Y.2d 314; Guardian Life Corp. v. Parker Hardware Mfg. Corp., 50 N.Y.2d 183). The same conclusion holds with respect to plaintiff's cause of action against respondents for conversion. Therefore, all the causes of action against respondents were properly dismissed. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.


Summaries of

Preview Construction Co., Inc. v. Roth

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 590 (N.Y. App. Div. 1986)
Case details for

Preview Construction Co., Inc. v. Roth

Case Details

Full title:PREVIEW CONSTRUCTION CO., INC., Appellant, v. CHESTER ROTH et al.…

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

Date published: Feb 3, 1986

Citations

117 A.D.2d 590 (N.Y. App. Div. 1986)

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