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Murphy v. Capone

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 714 (N.Y. App. Div. 1986)

Opinion

May 27, 1986

Appeal from the Supreme Court, Westchester County (Palella, J.).


Order modified, on the law, by adding a provision thereto, that, upon searching the record, the plaintiff's 127th cause of action is dismissed. As so modified, order affirmed, with costs to the respondents Capone, Carolin, Crescenzi, Decaprio, Dolorosa, Fischer, Fitzgibbon, Healey, Landry, McCaffrey, Order of Franciscan Sisters, Palmer, St. Agnes Hospital and Trout.

The plaintiff's cause of action against the defendant hospital for tortious interference with his contract with the hospital must be dismissed. A party to a contract may not be held liable for tortiously inducing the breach of that contract (see, Ryan v Brooklyn Eye Ear Hosp., 46 A.D.2d 87). Since issues of fact exist with respect to the plaintiff's remaining causes of action, summary judgment was properly denied (see, Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851). Gibbons, J.P., Eiber, Kunzeman and Kooper, JJ., concur.


Summaries of

Murphy v. Capone

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 714 (N.Y. App. Div. 1986)
Case details for

Murphy v. Capone

Case Details

Full title:TERENCE W. MURPHY, Appellant, v. SALLY CAPONE et al., Respondents

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

Date published: May 27, 1986

Citations

120 A.D.2d 714 (N.Y. App. Div. 1986)

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