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

Appellate Division of the Supreme Court of New York

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

248 A.D.2d 123, 669 N.Y.S.2d 810, 1998 N.Y. App. Div. LEXIS 1915

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 3, 1998

StatusPublished

This text of 248 A.D.2d 123 (Unionport Shoes, Inc. v. Kids Place of New York, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Unionport Shoes, Inc. v. Kids Place of New York, Inc., 248 A.D.2d 123, 669 N.Y.S.2d 810, 1998 N.Y. App. Div. LEXIS 1915 (N.Y. Ct. App. 1998).

Pincite

Opinion

—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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—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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Bluebook (online)

248 A.D.2d 123, 669 N.Y.S.2d 810, 1998 N.Y. App. Div. LEXIS 1915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unionport-shoes-inc-v-kids-place-of-new-york-inc-nyappdiv-1998.

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