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TAXI TOURS INC. v. GO NEW YORK TOURS, INC.

Index No. 653012/19. Appeal No. 16592. Case No. 2022-01029.

210 A.D.3d 451 (2022)

178 N.Y.S.3d 482

2022 NY Slip Op 06186

Taxi Tours Inc., Plaintiff/Counterclaim Defendant, v. Go New York Tours, Inc., Appellant/Counterclaim Plaintiff-Appellant. Big Bus Tours Limited et al., Counterclaim Defendants-Respondents, et al., Counterclaim Defendants.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

Barton LLP, New York ( Maurice N. Ross of counsel), for appellant.

Olshan Frome & Wolosky LLP, New York ( Peter M. Sartorius of counsel), for Big Bus Tours Limited and Go City Limited, respondents.

Wilson Sonsini Goodrich & Rosati, P.C., New York ( Kenneth M. Edelson of counsel), for Gray Line New York Tours, Inc., Twin America, LLC, and Sightseeing Pass LLC, respondents.

Concur—Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.

Order, Supreme Court, New York County (Jennifer Schecter, J.), entered January 3, 2022, which, to the extent appealed from as limited by the briefs, granted the motion of counterclaim defendants Gray Line New York Tours, Inc., Twin America, LLC, and Sightseeing Pass LLC (collectively, Gray Line) to dismiss the counterclaim seeking recovery under the Donnelly Act (General Business Law § 340 et seq.) and the counterclaim for tortious interference with prospective...

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