Legal Opinion · Concurring in part, dissenting in part
Havana Central NY2 LLC v. Lunney's Pub, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2007Published
1Concurring in part, dissenting in part
McGuire, J. (concurring in part and dissenting in part).
I respectfully disagree with the majority with respect to the first cause of action for tortious interference with contract.
Paragraph 24 of the lease between Havana Central and the landlord broadly provides that
“[i]f Owner is unable to give possession of the demised premises on the date of the commencement *76of the term hereof, because of the holding-over or retention of possession of any tenant ... or if Owner has not completed any work required to be performed by Owner, or for any other reason, Owner shall not be subject to any liability…
2Cases cited9 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Carvel Corp. v. NoonanNew York Court of Appeals · 2004
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996
- Martin v. . CampNew York Court of Appeals · 1916
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