Opinion
Submitted January 2, 1980
Decided February 12, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD RUBENFELD, J., GEORGE D. BURCHELL, J.
Stanley Alter for appellants.
Mark P. Zimmett for Citibank, N.A., respondent.
Frank H. Connelly, Jr., for Joel Halpern and others, respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
It being undisputed that no agency or contractual relationship existed between the parties, a cause of action for conspiracy to interfere with that relationship does not lie (Brackett v Griswold, 112 N.Y. 454, 466-467). Hence, defendants were properly granted summary judgment.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.