Avant Graphics Ltd. v. United Reprographics, Inc., 252 A.D.2d 462 (N.Y. App. Div. 1st Dep't 1998). · Go Syfert
Avant Graphics Ltd. v. United Reprographics, Inc., 252 A.D.2d 462 (N.Y. App. Div. 1st Dep't 1998). Cases Citing This Book View Copy Cite
3 citation events across 3 distinct courts.
Cited for
At page 463 Dismissing claims for contract interference and defamation3 citing casesdismissing a tortious interference with contract claim because “plaintiff had no contract with either [defendant] at the time of the purported interference’1 citing court put it this way
  • Repub. of Turkey v. Christie's Inc., 425 F. Supp. 3d 204 (S.D.N.Y. 2019).published
    (dismissing a tortious interference with contract claim because “plaintiff had no contract with either [defendant] at the time of the purported interference’)
  • Jackie's Enters., Inc. v. Belleville, 87 N.Y.S.3d 124 (N.Y. App. Div. 3d Dep't 2018).published
    Moreover, Keto's affidavit submitted in response to the motion was "insufficient to overcome the failure of the complaint to set forth the particular words alleged to be defamatory as required by CPLR 3016 (a)" ( Avant Graphics v United Re…
  • Sheila C. v. Povich, 2 Misc. 3d 315 (N.Y. Sup. Ct. 2003).published
    Because the offending words are not set forth in the complaint, the slander claim is dismissed with leave to replead, if plaintiff be so advised (Avant Graphics v United Reprographics, 252 AD2d 462, 463 [1st Dept 1998]).
Retrieving the full opinion text from the archive…
Avant Graphics Ltd., Doing Business as Graphic Details
v.
United Reprographics, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jul 30, 1998.
Published opinion
252 A.D.2d 462
1998 N.Y. App. Div. LEXIS 8664
Cited by 3 opinions  |  Published

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about July 29, 1997, which denied defendants’ motions pursuant to CPLR 3211 (a) (7) and 3016 (a), to dismiss the complaint, unanimously modified, on the law, and defendants’ motions granted to the extent of dismissing the first cause of action for tortious interference with contract or business relations and the fourth cause of action for defamation, with leave to replead the latter, and otherwise affirmed, without costs.

[*463] In this action between competitors in the reprographics industry, in which it is alleged that defendants, acting in concert, attempted to prevent plaintiff from obtaining “responsible lowest bidder status” on two contracts with the New York City Housing Authority and the City Department of General Services, we agree with the IAS Court that plaintiff has sufficiently pleaded its second cause of action for tortious interference with its prospective contractual relationships with the two City agencies; its third cause of action pursuant to the Donnelly Act (General Business Law § 340) for monopoly or an unreasonable restraint on competition; and, its fifth cause of action asserted under the Racketeer Influenced and Corrupt Organizations Act (18 USC § 1961 et seq. [RICO]). However, its first cause of action fails to state a cause of action for tortious interference with contract or business relations, which requires: (1) the existence of a valid contract, (2) defendants’ knowledge of the contract, (3) defendants’ intentional interference with the contract and a resulting breach, and (4) damages (Lama Holding Co. v Smith Barney, 88 NY2d 413, 424). In this case, plaintiff had no contract with either the Housing Authority or the Department of General Services at the time of the purported interference. All it had was a determination that it was the lowest bidder. As such, this cause of action must fail (see, NBT Bancorp v Fleet/Norstar Fin. Group, 87 NY2d 614), although the complained of acts are really subsumed in the second cause of action. Moreover, plaintiff’s fourth cause of action for business defamation must be dismissed with leave to replead inasmuch as the affidavit of plaintiffs principal and the accompanying exhibits are insufficient to overcome the failure of the complaint to set forth the particular words alleged to be defamatory as required by CPLR 3016 (a). Concur — Milonas, J. P., Nardelli, Wallach and Andrias, JJ.