Alvord and Swift, Appellant v. Stewart M. Muller Construction Company, Inc., Defendants, and New York…

Summary

The Court of Appeals affirmed the Appellate Division’s grant of summary judgment on the plaintiff’s sixth cause of action, holding that no intentional interference was alleged and therefore no triable issue existed. It also held that summary judgment may be granted despite pleading defects when the record shows no factual dispute. Two separate opinions concurred in part and dissented in part, arguing that the motion should have been denied pending discovery.