[DOWNLOAD] "Turntables v. M. B. Plastics Corp. Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Turntables v. M. B. Plastics Corp. Et Al.
• Author : Supreme Court of New York
• Release Date : January 06, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Plaintiff corporation, a manufacturer of advertising displays, contracted with the corporate defendant for defendant to make
and furnish to plaintiff a quantity of parts required by plaintiff to complete certain displays to be supplied by plaintiff
to a customer. Defendant corporation, knowing of the customer's order, failed to make delivery of the essential parts, thereby
preventing plaintiff from fulfilling its contract with its customer. The first cause charges both the corporate defendant
and its president with having entered into a conspiracy to induce defendant corporation to breach "and to make it difficult
or prevent performance of" the contract between plaintiff and defendant, as well as "to prevent the execution of the agreement
of the plaintiff entered into with" its customer. A contracting party does not have a cause of action for conspiracy to breach
their contract against the other party thereto (Bereswill v. Yablon, 6 N.Y.2d 301), the remedy being an action for breach
(see Albemarle Theatre v. Bayberry Realty Corp., 27 A.D.2d 172 [1st Dept., 1967]). Nor may the cause stand, stripped of the
allegation of conspiracy, as one for tortious conduct against the individual defendant, for it is bare of allegation that
he committed the tort independently for personal gain and profit, aside from the corporate interest (Lager v. Su Su Fashions,
10 A.D.2d 832). With the dismissal of the first cause of action, there remains the second cause, which should be severed.
The severed cause is for a sum within the jurisdictional limits of the Civil Court. This court on its own motion will, pursuant
to article VI (§ 19, subd. a) of the New York State Constitution, direct the transfer of the severed cause of action to the
Civil Court of the City of New York, New York County. (See Midtown Commercial Corp. v. Kelner, 29 A.D.2d 349; Trussell v.
Strongo, 29 A.D.2d 851.) Disposition Order entered May 21, 1968, denying defendant's motion to dismiss the first cause of
action in the complaint reversed on the law, and the motion for summary judgment dismissing the first cause of action is granted
with $50 costs and disbursements to appellants, and the remaining cause of action is remanded to the Civil Court.

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