140 A.D.2d 687 | N.Y. App. Div. | 1988
The plaintiff interposes two causes of action as against the appellants. The first cause of action is premised on a theory of intentional interference with contract. The second cause of action sounds in defamation. The appellants made application for, inter alia, dismissal of the complaint insofar as it is asserted against them pursuant to CPLR 3211 (a) (7). With respect to the first cause of action, they contend that, since one cannot induce breach of an invalid contract, they could
We agree with the appellants that, generally, the existence of a valid, enforceable contract is a necessary predicate for a cause of action sounding in intentional interference with performance of a contract (see, Guard-Life Corp. v Parker Hardware Mfg. Corp., 50 NY2d 183; Israel v Wood Dolson Co., 1 NY2d 116, 120). However, recovery may nonetheless be had where, although the contract on which the plaintiff relies is voidable, the defendant has induced a party not to abide by its terms by means of fraud or other misconduct (Guard-Life Corp. v Parker Hardware Mfg. Corp., supra, at 194; Rice v Manley, 66 NY 82; cf., Livoti v Elston, 52 AD2d 444). The plaintiff’s complaint sets forth sufficient facts to sustain the first cause of action.
The second cause of action is also facially valid. The complaint contains sufficient facts and circumstances so as to give both the court and the defendants adequate notice of the transactions and occurrences by which the plaintiff intends to prove that the remarks of the defendant Schachter are attributable to the appellants (see, CPLR 3013; Foley v D’Agostino, 21 AD2d 60). Although he did not put quotation marks around the words he alleges were defamatory, the plaintiff has set forth the words on which his defamation cause of action is premised (see, CPLR 3016 [a]; Privitera v Town of Phelps, 79 AD2d 1; cf., Liffman v Booke, 59 AD2d 687).
The appellants’ contention that the second cause of action is defective because the plaintiffs allegation as to special damages is inadequate was not raised before the Supreme Court. Assuming that an allegation of special damages is necessary (see, Privitera v Town of Phelps, supra), the appellants’ argument is not properly before this court and may not be considered for the first time on appeal (see, e.g., Schoonmaker v State of New York, 94 AD2d 741). We have considered the appellants’ remaining contentions and find them to be without merit. Thompson, J. P., Brown, Weinstein and Harwood, JJ., concur.