LEARNING ANNEX HOLDINGS, LLC v. GITTELMAN


48 A.D.3d 211 (2008)

850 N.Y.S.2d 422

LEARNING ANNEX HOLDINGS, LLC, Appellant, v. MARTIN GITTELMAN, Respondent.

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

Decided February 5, 2008.


Dismissal of the complaint was appropriate in this action where plaintiff seeks damages based on defendant's admitted actions of removing every copy of plaintiff's catalogue from its magazine/catalogue distribution box located on a street corner in defendant's neighborhood and throwing them in the garbage because, in his view, they contributed to litter in the area. The record evidence establishes that plaintiff's cause of action for tortious interference with prospective...

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