Marx v. Mack Affiliates

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered June 5, 1998, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action between one-time joint venturers who proposed to develop property in New Jersey, plaintiffs’ first cause of action for a lost lease opportunity with United Parcel Service (UPS) was properly dismissed as too speculative. Given the significant engineering and zoning issues raised by the prospect of a lease to UPS, UPS’s possible preference for one of several other sites…