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WHITLEY v. PAC. IND.

28 A.D.2d 147 (1967)

Harry T. Whitley, Appellant, v. Pacific Industries, Inc., et al., Respondents

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

October 19, 1967.

Attorney(s) appearing for the Case

Samuel M. Sprafkin of counsel (Mandel M. Einhorn with him on the brief), for appellant.

James P. O'Neill of counsel (James J. Dolan with him on the brief; Palmer, Serles, Delaney & Shaw, attorneys), for Pacific Industries, Inc. and another, respondents.

Leonard S. Leaman of counsel (Lord, Day & Lord, attorneys), for Jakob Isbrandtsen, respondent.

CAPOZZOLI and TILZER, JJ., concur with McGIVERN, J.; McNALLY, J., dissents in an opinion in which EAGER, J. P., concurs.

McGIVERN, J.

Plaintiff appeals from orders dismissing his complaint for insufficiency and the judgments entered thereon. The complaint is based on an alleged breach of an employment agreement between plaintiff and defendant Pacific Industries, Inc., and on the further allegation that defendants Isbrandtsen and Bishop maliciously interfered with the same.

Defendants Pacific and Bishop moved to dismiss the complaint pursuant to CPLR 3211 (subd....

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