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Houlihan-Parnes v. Citibank, N. A.

49 N.Y.2d 761 Court N.Y. Decision date 1980-02-12 English

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p. 761
Houlihan-Parnes, Realtors, et al., Appellants, v Citibank, N. A., et al., Respondents.
Submitted January 2, 1980;
decided February 12, 1980
p. 762
APPEARANCES OF COUNSEL
Stanley Alter for appellants.
Mark P. Zimmett for Citibank, N. A., respondent.
Frank H. Connelly, Jr., for Joel Halpern and others, respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

It being undisputed that no agency or contractual relationship existed between the parties, a cause of action for conspiracy to interfere with that relationship does not lie (Brackett v Griswold, 112 NY 454 , 466-467). Hence, defendants were properly granted summary judgment.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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