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1250 BROADWAY PARKING CORP. v. 38-32 ASSOCS.

238 A.D.2d 188 (1997)

655 N.Y.S.2d 958

1250 Broadway Parking Corp., Respondent-Appellant, v. 38-32 Associates, Appellant-Respondent. Andrew Manigault et al., Counterclaim Defendants-Respondents-Appellants

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

April 10, 1997

Defendant landlord's counterclaims against plaintiff subtenant for tortious interference with contract were properly dismissed, it being undisputed that plaintiff vacated the premises before the deadline for the new tenant either to take possession of the premises or to cancel its lease with defendant, and that the new tenant did not breach its lease with defendant. However, defendant as a matter of law established that the checks...

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