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MARCUS v. TEXTRON, INC.

12 Misc.2d 529 (1958)

Jack D. Marcus, Doing Business as Jack D. Marcus Company, Plaintiff, v. Textron, Inc., Defendant.

Supreme Court, Special Term, New York County.

May 15, 1958.

Attorney(s) appearing for the Case

Edward Q. Carr, Jr., and Rodney E. Eyster for defendant.

Charles Altman and George Jacobs for plaintiff.

ARON STEUER, J.

Defendant moves for judgment on the pleadings as to the first cause of action which sounds in prima facie tort. The specific claim is that plaintiff had a contract with defendant to act as the latter's sales agent and that defendant breached the contract, terminating the agency for the sole purpose of doing plaintiff harm. The complaint is attacked on two grounds, first, that there is no allegation of special

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