Opinion
November 22, 1994
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
Summary judgment was properly granted in favor of defendant Milford Plaza on the ground that the lease agreement underlying plaintiff's cause of action for breach of contract was never signed by the lessor, and therefore, by its terms, never became effective, as plaintiff concedes. The purchase order that defendant Milford Plaza executed in conjunction with the lease, which plaintiff first claimed to be an enforceable contract in its reply papers on the motion, is not a contract, but just an attachment to the proposed lease that detailed the equipment that was to be subject to the lease. As plaintiff and Milford Plaza never had a contract, plaintiff's claim against Zenith Sales Company for tortious interference with contract must necessarily fail.
Concur — Ross, J.P., Asch, Rubin, Nardelli and Tom, JJ.