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SUSAN D. FINE ENTERPRISES, LLC v. STEELE

61 A.D.3d 518 (2009)

875 N.Y.S.2d 897

SUSAN D. FINE ENTERPRISES, LLC, Respondent, v. NORMAN STEELE et al., Defendants, and VINCENT POLIMENI, Appellant.

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

Decided April 16, 2009.

Appellant made out a prima facie showing of entitlement to judgment as a matter of law. He established that no triable issue of fact exists as to whether he tortiously interfered with plaintiff's alleged agreement with codefendant Norman Steele to serve as the cobroker for the sale of the apartment at issue. In any event, we note that the elements of tortious interference with contract were not sufficiently pleaded in the complaint...

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