ROLANDO T. ACOSTA, Justice.
In his Summons and Verified Complaint dated November 22, 2005, plaintiff Jerome Schorr ("Schorr"), an insurance broker, alleges that defendants Guardian Life Insurance Company of America ("Guardian") and Itzhak Kadosh ("Kadosh"), also an insurance broker, wrongfully convinced an insured, Israeli Aircraft Industries International, Inc., and two of its subsidiaries, to obtain from Guardian group life, health, and dental insurance policies through Kadosh as the broker, rather than Schorr. Plaintiff alleges that Guardian issued a separate quote for insurance coverage to Kadosh that was lower than the quotes it had issued to Schorr, which was in contravention of law. Thus, Schorr argues that he was financially injured as a result of defendant's improper conduct, i.e., Guardian's actions prevented him from earning commissions on the sale of insurance to Israeli Aircraft. In his complaint he alleges causes of action for breach of the covenant of good faith and fair dealing, and tortious interference with existing and prospective contracts.
In evaluating a motion to dismiss for failure to state a claim under CPLR § 3211(a)(7), the Court must accept the allegations of the complaint as true, and accord plaintiff the benefit of every possible favorable inference and determine only whether the facts as alleged fit within a cognizable legal theory.
In the instant action, defendants' motion to dismiss plaintiff's complaint is granted. Plaintiff's first cause of action alleges Guardian breached the implied covenant and fair dealing which he argues was created when he and Guardian entered into a Selling Agreement in 1973 ("the agreement"). However, the agreement explicitly states that the only parties to the agreement are Schorr and Spaudler and Warshall, Ltd. ("S&W"), an insurance agency which, pursuant to the terms of the agreement, authorized Schorr to send to Guardian applications for insurance policies. The agreement further provided that Guardian is not a party to the agreement except to the extent of its endorsement. The endorsement provided that the only way in which Guardian could become a party to the agreement was to give written notice to Schorr that S&W's agreement with Guardian was terminated and that Guardian would be continuing the agreement in full force and effect. This was never done. Thus, as there was no contract between Schorr and Guardian, there can be no implied duty of fair dealing between the two.
Plaintiff has likewise failed to state a cause of action for tortious interference with prospective business relations. In his complaint, Schorr alleges that as a result of Guardian's actions Israeli Aircraft engaged Kadosh as a broker to purchase insurance rather than Schorr and thus prevented Schorr from earning commissions on those prospective insurance sales. However, what is fatal to plaintiff's claim is that Guardian would be a party to the prospective business relations and "only a stranger to a contract, such as a third party, can be liable for tortious interference with a contract."
ORDERED that defendants' motion to dismiss the complaint in its entirety is GRANTED.
This constitutes the Decision and Order of the Court.