Opinion
2550
December 12, 2002.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about November 2, 2001, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Ralph A. Somma, for plaintiff-appellant.
Robyn M. Gnudi, for defendants-respondents.
Before: WILLIAMS, P.J., NARDELLI, MAZZARELLI, BUCKLEY, GONZALEZ, JJ.
Inasmuch as the record fails to disclose a triable issue as to the existence of an enforceable contract between plaintiff and a third party that might serve as a predicate for plaintiff's claim for tortious interference with contractual relations, the grant of defendants' motion for summary judgment was proper (see Foster v. Churchill, 87 N.Y.2d 744, 749-750; Bayside Carting, Inc. v. Chic Cleaners, 240 A.D.2d 687). Plaintiff's contention that the motion should have been denied to afford it additional discovery is unavailing, no basis for plaintiff's belief that further discovery would yield evidence sufficient to raise a triable issue having been set forth (see Pow v. Black, 182 A.D.2d 484, 485).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.