HANLEY v. FOX


97 A.D.2d 606 (1983)

Kevin Hanley, Individually and Doing Business as Athletic Attic, Plaintiff, v. James L. Fox et al., Defendants and Third-Party Plaintiffs-Appellants. Robert J. Congel et al., Third-Party Defendants-Respondents

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

October 13, 1983


The issue raised on this appeal is whether a cause of action is stated by a third-party complaint seeking recovery from a commercial landlord for any damages that a tenant may have to pay its cotenant arising out of temporary restraining orders obtained by the tenant in a prior action against the landlord and the cotenant, based upon an alleged breach of a clause in the tenant's lease prohibiting the landlord from leasing other space to the tenant's competitors. Special Term...

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