Alvord & Swift v. Stewart M. Muller Construction Co.

It is agreed that the order of the Appellate Division should be affirmed — but on the opinions of Mr. Justice Edward J. Greenfield at Special Term (see, also, Underhill Constr. Corp. v New York Tel. Co., 44 NY2d 666, affg 56 AD2d 760). With respect to plaintiff’s sixth cause of action, it is also agreed that summary judgment dismissing said cause was properly granted.

The majority, however, observes that said sixth cause appears to be for breach of contract and that plaintiff on appeal contends that said cause is one for tortious interference with *283its performance of the contract (p 280). It…