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GANS v. WILBEE CORP.

153621/18. Appeal No. 14665. Case No. 2020-04501.

199 A.D.3d 564 (2021)

158 N.Y.S.3d 81

2021 NY Slip Op 06541

Robert M. Gans et al., Appellants, v. Wilbee Corporation et al., Defendants, and Silverstein Properties, Inc., et al., Respondents.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Akerman LLP, New York ( Joshua D. Bernstein and Jamie B. Shyman of counsel), for appellants.

Duval & Stachenfeld LLP, New York ( Kirk L. Brett of counsel), for Silverstein Properties, Inc., respondent.

Olshan Frome Wolosky LLP, New York ( Peter M. Sartorius of counsel), for Bedrock Real Estate Partners, LLC, respondent.

Concur—Acosta, P.J., Gische, Scarpulla Mendez, JJ.

The tortious interference with contract claim against Bedrock and Silverstein was properly dismissed because there was no valid contract with which to interfere—at least none to which plaintiffs were a party. The Pre-Lease Agreements were not executed by plaintiffs and the conditions for assigning them were not complied with, rendering any purported assignment null and void (see Macklowe v 42nd St. Dev. Corp.,

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