Summary
dismissing claims of tortious interference with contract against a shareholder, director, and officer of a corporation for ordering the corporation to breach its contract with the plaintiff, where the defendant's actions were clearly taken in his corporate capacity
Summary of this case from Boulevard Associates v. Sovereign Hotels, Inc.Opinion
July 11, 1994
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the order is affirmed, with costs.
The plaintiff alleges, among other things, that its third cause of action sufficiently alleges a tortious interference by the defendant Sheldon Lobel in the contract between the corporate defendants, G.S. Rockaway Development, Inc., and Seagirt Atlantic Realty Corp., and the plaintiff, so as to hold Lobel personally liable. The defendants Lobel and David Guela were the sole shareholders, directors, and officers of the above-named corporate defendants. The actions taken by Lobel which created the breach of contract between the plaintiff and the corporate defendants were clearly done in his corporate capacity, and no independent tort or predatory acts directed at another have been alleged. Thus, Lobel cannot be held liable on the theory that he induced the breach of contract (see, Murtha v. Yonkers Child Care Assn., 45 N.Y.2d 913, 915; Gottehrer v. Viet-Hoa Co., 170 A.D.2d 648, 649; Citicorp Retail Servs. v. Wellington Merchantile Servs., 90 A.D.2d 532). We also find that the plaintiff's third cause of action does not sufficiently allege a fraud on the part of Lobel because the only fraud charged relates to the breach of contract (see, Courageous Syndicate v. People-to-People Sports Comm., 141 A.D.2d 599, 600; Edwil Indus. v. Stroba Instruments Corp., 131 A.D.2d 425).
We have examined the plaintiff's remaining contentions and find them to be without merit. Rosenblatt, J.P., Lawrence, Copertino and Joy, JJ., concur.