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MERIDIAN CAPITAL PARTNERS, INC. v. FIFTH AVENUE 58/59 ACQUISITION CO. LP

60 A.D.3d 434 (2009)

874 N.Y.S.2d 440

MERIDIAN CAPITAL PARTNERS, INC., Appellant, v. FIFTH AVENUE 58/59 ACQUISITION CO. LP, Respondent, et al., Defendants.

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

Decided March 5, 2009.

The tenth cause of action alleges that landlord's unreasonable interference with tenant's use of the leased premises was intended to coerce tenant into surrendering its valuable commercial leasehold and paying an exorbitant termination fee; that "disinterested malevolence" motivated defendant landlord's interference; that interference was to further a plan of "malicious retribution" to punish tenant for refusing to agree to an early surrender of the lease that would have...

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