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JEFFREY E. RAMSEY, Appellant, v. H.M.S. INC. et al., Respondents.

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff's motion to amend the complaint because the proposed cause of action is without merit (see, Wieder v Skala, 168 A.D.2d 355). Supreme Court also properly granted defendants' motion for summary judgment dismissing the complaint because plaintiff failed to state a legally sufficient cause of action for intentional infliction of emotional distress, prima facie tort, or wrongful discharge (see, Murphy v American Home Prods. Corp., 58 N.Y.2d 293). Moreover, the submissions on the motion established that the individual defendants had the authority to contract with plaintiff. Thus, plaintiff cannot maintain a cause of action for wrongful interference with contractual rights against those defendants (see, Mansour v Abrams, 144 A.D.2d 905).

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RAMSEY v. H.M.S. INC
(Nov 19, 1993)