Opinion
February 14, 1995
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the filing of the amended verified complaint did not render the defendants' motion to dismiss the original verified complaint academic, because the amended verified complaint did not substantively alter the third, fourth, or fifth causes of action (see, Anthony J. Demarco, Jr., P.C. v. Bay Ridge Car World, 169 A.D.2d 808, 809; see also, Vanderwoude v. Post/Rockland Assocs., 130 A.D.2d 739, 740-741; cf., Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715).
The plaintiff failed to state either a cause of action for tortious interference with an existing contract in the original and amended verified complaint, or tortious interference with a prospective contract in the amended verified complaint. "To prevail on a claim for tortious interference with contractual or prospective contractual relations, a party must show that the alleged tort-feasor wrongfully interfered with the contract for the sole purpose of harming the plaintiff, or that he committed independent torts or predatory acts towards the third party" (Lerman v. Medical Assocs., 160 A.D.2d 838, 839; see also, Jurlique, Inc. v. Austral Biolab Pty., 187 A.D.2d 637, PPX Enters. v. Audiofidelity Enters., 818 F.2d 266). The plaintiff failed to allege sufficient facts to plead such wrongful conduct. Therefore, his contentions regarding tortious interference with contract were properly dismissed for failure to state a cause of action. Rosenblatt, J.P., Miller, Santucci and Florio, JJ., concur.