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SCHORR v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA

44 A.D.3d 319 (2007)

843 N.Y.S.2d 24

JEROME SCHORR, Appellant, v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Respondent, et al., Defendant.

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

Decided October 2, 2007.

Plaintiff failed to plead properly a claim for breach of the implied covenant of good faith and fair dealing since he did not demonstrate the existence of a valid contract from which such a duty would arise (American-European Art Assoc. v Trend Galleries, 227 A.D.2d 170 [1996]).

He did, however, properly plead a cause of action for tortious interference with prospective business relations. The complaint alleged that defendant...

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