# Hardtop Pavers, Inc. v. Brown

> Appellate Division of the Supreme Court of the State of New York · October 31, 1974 · 46 A.D.2d 732

URL: https://www.frixlaw.com/law-library/cases/5795114

## Case

- **Full name:** Hardtop Pavers, Inc. v. Robert M. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 31, 1974
- **Citations:** 46 A.D.2d 732; 360 N.Y.S.2d 795; 1974 N.Y. App. Div. LEXIS 3784
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5795114

## Opinion text

Order unanimously affirmed, without costs. Memorandum: The complaint sufficiently states a cause of action for malicious interference with a *733 prospective contract. For that reason the motion to dismiss made pursuant to CFLR 3211 (suhd. [a], par. 7) should have been denied. However, since plaintiff failed to make any evidentiary showing to support the allegation that defendants “knowingly, intentionally and maliciously” interfered with its right to receive the paving contract in opposition to defendants’ demonstration of justification for their conduct, there was no triable issue of fact and the court properly granted summary judgment dismissing the complaint (Indig v. Finkelstein, 23 N Y 2d 728; Campbell v. Gates, 236 N. Y. 457 ). (Appeal from order of Onondaga Special Term dismissing complaint.) Present — Marsh, P. J., Cardamone, Simons, Goldman and Del Vecehio, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5795114. Public record. Not legal advice.