21 A.D.2d 863 | N.Y. App. Div. | 1964
Appeal from order entered on September 24, 1963 unanimously dismissed, as moot. Order, entered on April 21, 1964, denying defendants’ motion for judgment dismissing or for summary judgment on the first cause of action for inducing breach of contract and granting the motion as to the second cause of action for a declaratory judgment, unanimously modified, on the law, to the extent of granting summary judgment dismissing the first cause of action, and, as so modified, affirmed, with $20 costs and disbursements to appellants. The first cause of action is for wrongfully inducing the breach of a contract between plaintiff and defendants Simon and Ellen Enterprises, Inc. The defendant parties to the basic contract are not liable in tort; their liability is solely for breach of the contract. Hence, the action does not lie against defendants Simon and Ellen Enterprises, Inc. (Lager v. Su Su Fashions, 10 A D 2d 832.)