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Ramsey v. H.M.S. Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 868 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Supreme Court, Chautauqua County, Gerace, J.

Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ.


Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff's motion to amend the complaint because the proposed cause of action is without merit (see, Wieder v Skala, 168 A.D.2d 355). Supreme Court also properly granted defendants' motion for summary judgment dismissing the complaint because plaintiff failed to state a legally sufficient cause of action for intentional infliction of emotional distress, prima facie tort, or wrongful discharge (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293). Moreover, the submissions on the motion established that the individual defendants had the authority to contract with plaintiff. Thus, plaintiff cannot maintain a cause of action for wrongful interference with contractual rights against those defendants (see, Mansour v Abrams, 144 A.D.2d 905).


Summaries of

Ramsey v. H.M.S. Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 868 (N.Y. App. Div. 1993)
Case details for

Ramsey v. H.M.S. Inc.

Case Details

Full title:JEFFREY E. RAMSEY, Appellant, v. H.M.S. INC. et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1993

Citations

198 A.D.2d 868 (N.Y. App. Div. 1993)
606 N.Y.S.2d 1022

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