Opinion
May 26, 1998
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.)
Ordered that the appeal of Patricia LaRosa is dismissed for failure to perfect the same in accordance with the rules of this Court ( 22 NYCRR 670.8); and it is further,
Ordered that the order "is modified, on the law, by deleting the provision thereof which denied the motion of the defendant Dome Property Management, Inc., for dismissal of the complaint insofar as "asserted against it and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the appellant Dome Property Management, Inc., payable by the respondent.
The defendant Dome Property Management, Inc. (hereinafter Dome), correctly contends that the second cause of action asserted against it to recover damages based upon a claim that it conspired to appropriate improperly an account should have been dismissed. That cause of action sounded in civil conspiracy, and New York does not recognize civil conspiracy as an independent cause of action;( see, Plymouth, Drug Wholesalers v. Kuschner, 239 A.D.2d 479). We also agree that so much of the third cause of action as sought to recover damages for tortious interference with a contract should have been dismissed insofar as asserted against Dome, as the plaintiff failed to present evidence that Dome intentionally induced the defendant Katan Gardens Condominium to breach the subject contract ( see, Kronos, Inc. v. AVX Corp., 81 N.Y.2d 90, 94).
The trial court properly denied the branches of the cross motion of the defendants Katan Gardens Condominium, Valerie Flegar, and Cindy Zajac Lefkowitz which were for summary judgment dismissing the complaint insofar as asserted against Flegar and Lefkowitz. There are triable issues of fact which preclude summary judgment regarding whether those defendants acted for the primary purpose of interfering with the performance of the contract (see, Restatement [Second] of Torts § 766, comment j), or whether, they acted in good faith as part of their respective duties as board members of the defendant Katan Gardens Condominium.
Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.