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King Constr. & Design v. 210 Wycombe LLC

Only Stranger to Contract May be Liable for Tortious Interference With a Contract Claim

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The following e-filed documents, listed by NYSCEF document number 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 66, 67, 68 (as well as document numbers 53-68 on a cross motion)were read on this motion to/for DISMISSALDECISION AND ORDER

*1 In this action by plaintiff King Construction and Design, Inc. for, among other things, foreclosure on a mechanic’s lien based on home improvement work on the building located at 210 West 11th Street, New York, NY, defendants 210 Wycombe LLC, 210 Northfield LLC, Edward Wasserman a/k/a Ted Wasserman, JLS Cost Management System, Inc. Jennifer Diamond and Robert Diamond (hereinafter collectively referred to as “defendants”) move, pre-answer, to dismiss the amended complaint against them. Plaintiff cross-moves for leave to file and serve a second amended complaint, among other things, to include causes of action for quantum meruit and unjust enrichment. Each party opposes the other’s requests for relief.Initially, this Court notes that plaintiff’s cross motion was erroneously filed in conjunction with motion sequence No. 003, which motion was previously permitted to be withdrawn, thereby making it appear in this Court’s records as though the cross motion had also been resolved. The parties executed a stipulation dated June 1, 2017 deeming the cross motion

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