78 A.D.2d 548 | N.Y. App. Div. | 1980
Appeal by defendants, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated October 10, 1979, as denied their motion to dismiss the complaint as to the second through fifth causes of action, for failure to state a cause of action. Order reversed insofar as appealed from, on the law, without costs or disbursements, the second and third causes of action are dismissed for failure to state a cause of action and the fourth and fifth causes of action are dismissed on consent. The complaint alleged that the corporate plaintiff, as general contractor for the construction of a racetrack in Suffolk County, had received and forwarded to the racetrack owners a bid of $234,850 from the corporate defendant for the construction of the racetrack’s grandstand. It then alleged that defendant Jacobson, as an officer and employee of the corporate defendant, had subsequently advised certain employees of the racetrack owners that the corporate defendant’s bid had actually been $138,000, but had been inflated by $96,000 at the request of the individual plaintiffs for their own benefit and that of the corporate plaintiff. Furthermore, it was alleged that Jacob
