Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered January 28, 2009, which, to the extent appealed from as limited by the briefs, upon renewal, granted defendant Kalatsky's motion for summary judgment dismissing the cause of action for tortious interference with contract as against him, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Saxe, Friedman, Nardelli, Catterson, JJ.
Since, as the record demonstrates, there was no breach of the contract between plaintiff and his crew, plaintiff's claim of tortious interference with contract fails as a matter of law (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424 ; Marks v Smith, 65 AD3d 911, 916 ).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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