Senrow Concessions, Inc. v. Shelton Properties, Inc.

Orders entered on October 7, 1960, denying summary judgment to defendants-appellants unanimously reversed, on the law, and on the facts, with $20 costs and disbursements to appellants and motions for summary judgment granted, with $10 costs. The agreement of February 14, 1955, between plaintiff and Proser Enterprises, Inc., and that of February 18, 1955, between plaintiff and Shelton Properties, Inc., constituted a concession only and plaintiff was consequently a licensee without interest in the realty (People v. Horowitz, 309 N. Y. 426 ; Kaypar Corp. v. Fosterport Realty Corp., 1 Misc 2d 469 , affd. 272 App. Div. 878 ). Knowledge of these agreements did not affect appellant’s rights to acquire the leasehold unaffected by plaintiff’s license (Bermann v. Windale Props., 4 A D 2d 746 ; General Meter Serv. Corp. v. Manufacturers Trust Co., 182 Misc. 184 , affd. 267 App. Div. 992 ). Appellants’ action is therefore proper and not an illegal interference with plaintiff’s contract. The facts adduced do not provide any basis for a claim of prima facie tort against appellants and actually negate any such claim. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.