NNA RESTAURANT MANAGEMENT LLC v. ESHAGHIAN


29 A.D.3d 384 (2006)

815 N.Y.S.2d 499

NNA RESTAURANT MANAGEMENT LLC, Respondent, v. MAHROKH ESHAGHIAN et al., Respondents, and NOLITA OASIS, INC., Intervenor Appellant.

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

May 16, 2006.


So much of the appeal as concerns appellant's cross claim for injunctive relief has been rendered moot by tenant's surrender of the lease to landlord subsequent to the entry of the order on appeal. We note law of the case that appellant is not a third-party beneficiary of the lease and cannot compel landlord's consent to the assignment in that capacity. Assuming appellant has a claim for tortious interference with contract or business relations based on landlord's alleged...

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