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HIT SHOW CLUB, INC. v. GARDNER

243 A.D.2d 345 (1997)

664 N.Y.S.2d 540

Hit Show Club, Inc., et al., Appellants-Respondents, v. Stephen Gardner, Respondent-Appellant, et al., Defendants

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

October 21, 1997

Dismissal of the cause of action regarding defendant-appellant's alleged dealings with a competitor was proper. In the face of unqualified affidavits by both defendant and the competitor to the effect that they had no dealings in the discount theater ticket coupon business, plaintiff offered only pure speculation on the existence of such an arrangement.

Since dismissal of the third cause of action in the first amended verified...

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