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GS PLASTICOS LIMITADA v. BUREAU VERITAS CONSUMER PRODS. SERVS., INC.

3751, 650242/09.

149 A.D.3d 547 (2017)

2017 NY Slip Op 02937

52 N.Y.S.3d 343

GS PLASTICOS LIMITADA, Appellant, v. BUREAU VERITAS CONSUMER PRODUCTS SERVICES, INC., Respondent.

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

Decided April 18, 2017.

The motion court correctly dismissed the second amended complaint alleging that defendant tortiously interfered with plaintiff's contracts with a third party, Kellogg, since there was no breach by Kellogg (see Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 424 [1996]). In particular, the motion court correctly determined that Kellogg had a valid reason for terminating the contracts — namely, mechanical testing failures (...

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