Rendich v. Preferred Mutual Fire Insurance

274 A.D. 800, 79 N.Y.S.2d 501, 1948 N.Y. App. Div. LEXIS 3406

Opinion

Order dismissing the third cause of action for insufficiency reversed on the law, with $10 costs and disbursements, and the motion to dismiss said cause of action denied, with $10 costs. The third cause of action alleges facts sufficiently indicating that the individual defendant, acting outside his authority as a corporate officer, sought to extort a private advantage and to obtain a secret profit from the plaintiff; and that upo%the failure of such attempt, he induced the corporation, against its best interests, to breach a corporate contract with the plaintiff. (Navarro v. Fiorita, 271 App. Div. 62, affd. 296 N. Y. 783; 3 Fletcher’s Cyclopedia Corporations [Perm. ed.], § 887.) Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [See post, p. 892.]