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POTTER v. MINSKOFF

2 A.D.2d 513 (1956)

Donald S. Potter, Doing Business as Potter Real Estate Company et al., Respondents, v. Leo Minskoff et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 14, 1956.

Attorney(s) appearing for the Case

Stephen S. Bernstein, N. Earle Evans, Jr., and William Jay Lippman for Leo Minskoff and others, appellants.

Martin F. Kendrick for respondents.

All concur, except WILLIAMS, J., who dissents and votes for affirmance. Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.

BASTOW, J.

The complaint in this action has been sustained on the theory that it alleges a single cause of action for conspiracy in inducing a breach of contract. We find it difficult to agree with this conclusion and a study of the complaint makes it hazardous to state what cause of action, if any, has been alleged. It has been held that when purchasers of realty and others conspire to refrain from dealing with...

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