Since plaintiff's complaint set forth facts that would establish every element of a tortious interference cause of action, we decline to review the trial court's refusal to dismiss the complaint or grant summary judgment. Plaintiff's cause of action was grounded on defendants' intentional and unjustified refusal to supply past employment information that was imperative for the realization of his business expectation, a purchase money mortgage. Plaintiff alleged, and the affidavits and depositions in the record support the allegations, that Data Forms refused to verify Labate's past employment and confirm his dates of service in retaliation for Labate having left the company. It is clear from the record that Data Forms was aware that its refusal to provide the information would prevent Labate from obtaining the mortgage. In fact, that was the purpose of the refusal.
Deliberate refusal can be purposeful.
Under these conditions, Labate alleged enough to state a cause of action for intentional interference with a business expectancy. It should not be read as an intent to create a broad duty of employers to respond to requests for verification in every instance. For the reasons stated, we affirm the judgment entered in plaintiff's favor, and we find the trial court's rulings on the motion to dismiss and the motion for summary judgment are foreclosed from review.