1009 Second Avenue Associates v. New York City Off-Track Betting Corp.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered May 17, 1999, granting plaintiffs motion to restore the action to the trial calendar with respect to plaintiffs claim for use and occupancy, and, insofar as appealed from as limited by the briefs, denying the motion with respect to plaintiffs claim for tortious interference with contractual relations, unanimously affirmed, without costs.

The IAS Court correctly held that plaintiffs claim that defendant’s holding over constituted a tortious interference with a lease plaintiff had entered into with a prospective tenant is a…