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ALBEMARLE THEATRE v. BAYBERRY REALTY

27 A.D.2d 172 (1967)

Albemarle Theatre, Inc., Appellant, v. Bayberry Realty Corporation et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1967.

Attorney(s) appearing for the Case

Milton Pollack (Francis E. Koch and Barry H. Singer with him on the brief), for appellant.

Herman Schmertz of counsel (Harry A. Gair with him on the brief; Zalkin & Cohen, attorneys), for respondents.

BOTEIN, P. J., STEVENS and RABIN, JJ., concur.

WITMER, J.

The questions presented on this appeal are:

(1) Whether plaintiff, as a party to a contract with several of the defendants, may maintain an action in tort for damages against said defendants because of their conduct in conspiring and acting with third persons in derogation of the rights of the plaintiff under the contract and with intent to destroy plaintiff's interest in the subject...

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