Appellate Division of the Supreme Court of the State of New York June 1, 1964 (Wolfson v. Mandell)

In an action to recover damages for willfully and maliciously inducing the breach of an alleged contract, the defendants appeal from an order of the Supreme Court, Queens County, entered October 17, 1963 on reargument, which: (a) denied their motion under rule 103 of the former Rules of Civil Practice to strike out the amended complaint on the ground that it is sham and frivolous, that it was