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Empire State Building Associates v. Trump

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 1998
247 A.D.2d 214 (N.Y. App. Div. 1998)

Opinion

Decided February 3, 1998

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


The causes of action for declaratory and injunctive relief were properly sustained on the ground that the Master Lease is ambiguous as whether plaintiffs are entitled to act as "owner" for purposes of filing applications to the Buildings Department. The causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing were properly dismissed on the grounds that the former fails to adequately allege any breach of contract, and the latter merely duplicates the former (see, Canstar v. Jones Constr. Co., 212 A.D.2d 452). The cause of action for interference with contract was properly dismissed due to the failure to allege any breach of contract (see, Goldstein Prods. v. Fish, 198 A.D.2d 137, 138). The cause of action for interference with prospective contractual relations was properly dismissed for failure to allege wrongful means (see, NBT Bancorp v. Fleet/Norstar Fin. Group, 87 N.Y.2d 614, 624). In addition, the latter two causes of action are essentially claims for civil conspiracy, which is not recognized as a substantive tort in this State (see, Chemical Bank v. Ettinger, 196 A.D.2d 711, 715; McGill v. Parker, 179 A.D.2d 98, 105).

Concur — Sullivan, J. P., Wallach, Williams and Andrias, JJ.


Summaries of

Empire State Building Associates v. Trump

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 1998
247 A.D.2d 214 (N.Y. App. Div. 1998)
Case details for

Empire State Building Associates v. Trump

Case Details

Full title:EMPIRE STATE BUILDING ASSOCIATES et al., Appellants-Respondents, v. DONALD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 3, 1998

Citations

247 A.D.2d 214 (N.Y. App. Div. 1998)
669 N.Y.S.2d 205

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