Legal Opinion

Williamson, Picket, Gross, Inc. v. 400 Park Avenue Co.

New York Court of Appeals

Decided May 3, 1979PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

As noted by the Appellate Division: "The act of the defendant in bringing the suit was not unlawful and the defendant’s desire to so dispose of his property to his own advantage not being inherently malicious, fraudulent or motivated by a desire to damage the plaintiff, he thus had a proper purpose to serve.” Indeed the complaint alleges that 400 Park Avenue Company commenced the "action against the defen*771dant and Banco * * * with the purpose and intent of preventing the execution of the sublease…

2Cases cited1 opinion

  1. Reinforce, Inc. v. BirneyNew York Court of Appeals · 1954

3Cited by16 opinions

  1. Sharma v. Skaarup Ship Management Corp.District Court, S.D. New York · 1988
  2. Robbins v. Ogden Corp.District Court, S.D. New York · 1980
  3. CBS, Inc. v. AhernDistrict Court, S.D. New York · 1985
  4. Bobal v. Rensselaer Polytechnic InstituteCourt of Appeals for the Second Circuit · 1990
  5. Strobl v. New York Mercantile ExchangeDistrict Court, S.D. New York · 1983

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