Opinion
March 11, 1971
Order, Supreme Court, New York County, entered on March 18, 1970, insofar as appealed from, reversed on the law, defendants-appellants' motion for summary judgment granted dismissing the third cause of action for conspiracy, and the complaint dismissed as to them. Defendants-appellants shall recover of plaintiff-respondent $50 costs and disbursements of this appeal. Plaintiff alleged three causes of action, the first for slander, the second for breach of contract and the third for conspiracy, based on the first and second causes. The Judge at Special Term, on the defendants' motion for summary judgment, rightly dismissed the first and second causes for the reasons indicated in his opinion, but allowed the third cause to stand. This appeal followed. With the underpinnings of the substantive alleged tortious conduct dismissed, the charge of conspiracy to effectuate them adds nothing and must also fall. (See Routsis v. Swanson, 26 A.D.2d 67.) The complaint, therefore, is dismissed.
Concur — Capozzoli, J.P., McGivern, Markewich, Kupferman and Steuer, JJ.