Unionport Shoes, Inc. v. Kids Place of N.Y

Full title: UNIONPORT SHOES, INC., Appellant, v. KIDS PLACE OF NEW YORK, INC., et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 3, 1998

248 A.D.2d 123 (N.Y. App. Div. 1998)

669 N.Y.S.2d 810

Opinion

March 3, 1998

Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).

On a prior appeal to this Court ( Unionport Shoes v. Parkchester S. Candominium, 205 A.D.2d 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.