102 A.D.2d 865 | N.Y. App. Div. | 1984
— In an action to recover damages for tortious interference with contract, plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Loekman, J.), entered December 17, 1982, as, upon reargument, adhered to its original determination granting defendants’ motion for summary judgment dismissing the complaint, f Order reversed insofar as appealed from, with costs, order dated June 30, 1982 vacated and defendants’ motion for summary judgment denied. K Plaintiff decided to close down its above-ground swimming pool division and in furtherance of that goal, it entered into an agreement with Medallion Pool Corporation (Pool), a subsidiary of defendant Medallion Group, Inc. (Group), on September 5, 1975. Group was also the parent corporation of defendants Health Chem Corporation (Health Chem) and Health Med Corporation (Health Med). H The agreement provided, inter alia, that (1) plaintiff would deliver its swimming pool division’s inventory, consisting of finished goods (pools and accessories), as well as work in progress and raw materials, to Pool, (2) Pool would use its best efforts to sell the finished goods, as sales agent for plaintiff, and to use the other materials to complete and manufacture additional pools, and (3) “[a]ll billing for finished inventory and accessories sold shall be in the name of [Pool] as