MARX, SR. v. AFFILIATES


265 A.D.2d 202 (1999)

696 N.Y.S.2d 436

LEONARD MARX, SR., et al., Appellants, v. MACK AFFILIATES et al., Respondents.

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

Decided October 14, 1999.


In this action between one-time joint venturers who proposed to develop property in New Jersey, plaintiffs' first cause of action for a lost lease opportunity with United Parcel Service (UPS) was properly dismissed as too speculative. Given the significant engineering and zoning issues raised by the prospect of a lease to UPS, UPS's possible preference for one of several other sites under consideration, and the fact that the property was currently under contract to another...

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