Harvest Moon, Inc. v. Arochas

Appellate Division of the Supreme Court of New York

Harvest Moon, Inc. v. Arochas

255 A.D.2d 195, 679 N.Y.S.2d 813, 1998 N.Y. App. Div. LEXIS 12433

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1998

StatusPublished

This text of 255 A.D.2d 195 (Harvest Moon, Inc. v. Arochas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harvest Moon, Inc. v. Arochas, 255 A.D.2d 195, 679 N.Y.S.2d 813, 1998 N.Y. App. Div. LEXIS 12433 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (Charles Ramos, J.), entered February 11, 1998, which, inter alia, dismissed various of plaintiffs causes of action without leave to replead, unanimously modified, on the law, to grant leave to replead the fourteenth cause of action for tortious interference with contract, and otherwise affirmed, without costs.

Inasmuch as the motion court properly granted plaintiff leave to replead its cause of action for breach of contract, it should not have dismissed the cause of action for tortious interference with contract without leave to replead on the ground that plaintiff failed to allege a breach of contract. We have considered plaintiffs other arguments and find them to be unavailing. Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Order, Supreme Court, New York County (Charles Ramos, J.), entered February 11, 1998, which, inter alia, dismissed various of plaintiffs causes of action without leave to replead, unanimously modified, on the law, to grant leave to replead the fourteenth cause of action for tortious interference with contract, and otherwise affirmed, without costs.

Inasmuch as the motion court properly granted plaintiff leave to replead its cause of action for breach of contract, it should not have dismissed the cause of action for tortious interference with contract without leave to replead on the ground that plaintiff failed to allege a breach of contract. We have considered plaintiffs other arguments and find them to be unavailing. Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 195, 679 N.Y.S.2d 813, 1998 N.Y. App. Div. LEXIS 12433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvest-moon-inc-v-arochas-nyappdiv-1998.