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UNIONPORT SHOES, INC. v. KIDS PLACE OF NEW YORK, INC.

248 A.D.2d 123 (1998)

669 N.Y.S.2d 810

Unionport Shoes, Inc., Appellant, v. Kids Place of New York, Inc., et al., Respondents, et al., Defendants. Parkchester South Condominium, Third-Party Plaintiff-Respondent, v. Cornell's Apparel, Inc., Third-Party Defendant, and 1571 Unionport Road Corp., Doing Business as Kids Place, Third-Party Defendant-Respondent

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

March 3, 1998

On a prior appeal to this Court (Unionport Shoes v Parkchester S. Condominium, 205 A.D.2d 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...

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