June 21, 2007

A motion to dismiss pursuant to CPLR 3211(a)(7) will fail if the complaint states in some recognizable form any cause of action known to New York law, according to the Second Department, in New York Merchants Protective Co., Inc. v. Rodriguez, which was decided on June 12, 2007. Here, the court found that the complaint had sufficiently made out a cause of action sounding in tortious interference with contract, the elements of which are (1) the existence of a valid contract with a third party, (2) defendant's knowledge of that contract, (3) defendant's intentional and improper procuring of a breach, and (4) damages.