Legal Opinion

AREP Fifty-Seventh, LLC v. PMGP Associates, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Donna M. Mills, J.), entered September 20, 2012, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss the causes of action for tortious interference with contract and prima facie tort pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

The motion court correctly dismissed the tortious interference with contract claim. To establish a claim of tortious interference with contract, “the plaintiff must show the existence of its valid contract with a third party, defendant’s knowledge of that contract,…

2Cases cited7 opinions

  1. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  2. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  3. White Plains Coat & Apron Co. v. Cintas Corp.New York Court of Appeals · 2007
  4. Epifani v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009
  5. American Dental Cooperative, Inc. v. Attorney-GeneralAppellate Division of the Supreme Court of the State of New York · 1987

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