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Unionport Shoes, Inc. v. Kids Place of New York, Inc.

248 A.D.2d 123 Court N.Y. App. Div. Decision date 1998-03-03 English

Contents

Majority

p. 123
Unionport Shoes, Inc., Appellant, v Kids Place of New York, Inc., et al., Respondents, et al., Defendants. Parkches
p. 124
ter South Condominium, Third-Party Plaintiff-Respondent, v Cornell’s Apparel, Inc., Third-Party Defendant, and 1571 Unionport Road Corp., Doing Business as Kids Place, Third-Party Defendant-Respondent.
[669 NYS2d 810]

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about January 23, 1997, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

On a prior appeal to this Court (Unionport Shoes v Parkchester S. Condominium, 205 AD2d 385 , 387), it was held that “assuming both a valid subletting and defendant’s awareness of the sublease, plaintiff has established a prima facie case of wrongful interference with contractual relations”. Plaintiff has not established either element as a matter of law. Accordingly, plaintiff’s motion for summary judgment was properly denied. Concur — Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.

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