Opinion
December 20, 1993
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the defendant Paleta International Corporation, and the action against the remaining defendant is severed.
We find that the third and fourth causes of action failed to state legally cognizable claims to recover damages for tortious interference with business relations.
In addition, in order to successfully oppose the appellant's application for summary judgment with regard to those causes of action, the plaintiffs were required to offer proof in admissible form, inter alia, that the alleged interferer used unlawful means or that the interference by lawful means constituted the infliction of intentional harm done without excuse or justification (see, Slifer-Weickel v Meteor Skelly, 140 A.D.2d 320). The Supreme Court improperly concluded that there were triable issues of fact with respect to the plaintiffs' causes of action sounding in tortious interference with business relations. The plaintiffs have failed to present any evidentiary facts sufficient to create a triable issue as to their conclusory allegations of tortious interference with business relations (see, Slifer-Weickel v Meteor Skelly, supra; NRT Metals v Laribee Wire, 102 A.D.2d 705). Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.