12 Misc. 2d 529 | N.Y. Sup. Ct. | 1958
Defendant moves for judgment on the pleadings as to the first cause of action which sounds in prima facie tort. The specific claim is that plaintiff had a contract with defendant to act as the latter’s sales agent and that defendant breached the contract, terminating the agency for the sole purpose of doing plaintiff harm. The complaint is attacked on two grounds, first, that there is no allegation of special
Here there is no effort to state the damage particularly nor to show its relationship to the malevolence. All that is stated are general averments of loss of trade. The bill of particulars shows that plaintiff is unable to particularize these items.
The motion is granted.