Wendell v. Sleppin

Motion by defendants to dismiss plaintiffs’ complaint for legal insufficiency. The second cause of action is against the corporate defendant for breach of contract and the first cause of action is against both the corporate defendant and the individual defendants (officers, directors and stockholders) for conspiracy to breach the corporate contract.

A conspiracy by defendants to breach their own contract obligations has been held not to constitute an independent cause of action or a cause of action at all (Labow v. Para-Ti Corp., 272 App. Div. 890). It is also the general rule that an officer…