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Riverbank Realty Company v. Koffman

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 542 (N.Y. App. Div. 1992)

Opinion

January 23, 1992

Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).


The moving defendants are not parties to the exclusive brokerage agreement between plaintiff and defendant P.A. Realty Corporation, and thus plaintiff's causes of action against them for breach of contract and quantum meruit were properly dismissed. The fraud claims were also properly dismissed, it being well settled that where the alleged fraud relates to a cause of action for breach of contract, the fraud cannot be the basis for a separate cause of action (Giannisis v. Maniatis, 160 A.D.2d 629, lv dismissed 76 N.Y.2d 888). However, it was error to sustain the seventh cause of action for conspiracy. There is no tort of civil conspiracy in and of itself absent the pleading of specific wrongful acts constituting independent torts (Satin v Satin, 69 A.D.2d 792). Here, the wrongful acts that were purportedly committed in furtherance of the alleged conspiracy do not constitute independent torts, but instead depend upon the existence and breach of the exclusive brokerage agreement.

Concur — Sullivan, J.P., Carro, Kassal and Smith, JJ.


Summaries of

Riverbank Realty Company v. Koffman

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 542 (N.Y. App. Div. 1992)
Case details for

Riverbank Realty Company v. Koffman

Case Details

Full title:RIVERBANK REALTY COMPANY, Appellant-Respondent, v. MARTIN D. KOFFMAN et…

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

Date published: Jan 23, 1992

Citations

179 A.D.2d 542 (N.Y. App. Div. 1992)

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