SUPER WORKOUT, INC. v. SAMSON ASSOCIATES


269 A.D.2d 281 (2000)

704 N.Y.S.2d 453

SUPER WORKOUT, INC., Doing Business as JOHNNY LATS GYM, Respondent, v. SAMSON ASSOCIATES et al., Appellants.

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

Decided February 22, 2000.


Summary judgment dismissal of these causes of action was properly denied in light of questions of fact as to whether defendants, as plaintiff has alleged, engaged in a bad faith effort to thwart plaintiff's tenancy while negotiating with a more affluent competitor of plaintiff's. Plaintiff's allegations, if proved with the benefit of discovery, which we note plaintiff has not yet been afforded, could support plaintiff's claims...

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