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Etkin Company Inc. v. Patrusky

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 300 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered September 6, 1996, which granted defendants' motion to dismiss plaintiffs complaint for failure to state a cause of action, unanimously affirmed, without costs.

Before: Sullivan, J. P., Wallach, Rubin, Tom and Andrias, JJ.


The cause of action for tortious interference with contract is insufficient absent an allegation of a breach of contract ( NBT Bancorp v Fleet/Norstar Fin. Group, 87 NY2d 614, 621), and the cause of action for interference with prospective business relationships is insufficient absent an allegation of wrongful means ( supra, at 624). The alleged breach of fiduciary duty by defendants does not relate to any duty they owed to plaintiff, and thus cannot support a claim of wrongful means ( see, Guard-Life Corp. v Parker Hardware Mfg. Corp., 50 NY2d 183, 194). As the IAS Court noted, any interference was not with plaintiffs prospective relationships but with those of their limited partnership. We have considered plaintiffs other claims and find them to be without merit.


Summaries of

Etkin Company Inc. v. Patrusky

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 300 (N.Y. App. Div. 1997)
Case details for

Etkin Company Inc. v. Patrusky

Case Details

Full title:ETKIN COMPANY INCORPORATED, Appellant, v. BERNARD PATRUSKY et al.…

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

Date published: Jan 21, 1997

Citations

235 A.D.2d 300 (N.Y. App. Div. 1997)
652 N.Y.S.2d 710

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