SADASHIV SHENOY PLAINTIFF RESPONDENT v. APPEAL NO (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed against defendant Kaleida Health.

Memorandum:  Plaintiff commenced this action asserting causes of action against various defendants, including one against Kaleida Health (defendant) for tortious interference with business relations.  We agree with defendant that Supreme Court erred in denying its motion to dismiss the complaint against it because “plaintiff did not adequately plead a cause of action for tortious interference with [business relations].  In such an action ‘[t]he motive for the interference must be solely malicious, and the plaintiff has the burden of proving this fact’ ․ Plaintiff, however, does not demonstrate any factual basis for [his] allegations of malice, other than suspicion.  This conclusory allegation of malice is therefore insufficient to support such cause of action” (John R. Loftus, Inc. v. White, 150 A.D.2d 857, 860 [3d Dept 1989];  see Hersh v. Cohen, 131 AD3d 1117, 1119 [2d Dept 2015];  Maas v. Cornell Univ., 245 A.D.2d 728, 731 [3d Dept 1997] ).  We therefore reverse the order, grant the motion, and dismiss the complaint against defendant.  In light of our determination, defendant's remaining contentions are academic.

Mark W. Bennett

Clerk of the Court