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1009 SECOND AVENUE ASSOCIATES v. NEW YORK CITY OFF-TRACK BETTING CORPORATION

278 A.D.2d 131 (2000)

717 N.Y.S.2d 541

1009 SECOND AVENUE ASSOCIATES, Appellant, v. NEW YORK CITY OFF-TRACK BETTING CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 19, 2000.

The IAS Court correctly held that plaintiff's claim that defendant's holding over constituted a tortious interference with a lease plaintiff had entered into with a prospective tenant is a mere restatement of plaintiff's breach of information claim which was dismissed by this Court on a prior appeal (248 A.D.2d 106, lv dismissed 92 N.Y.2d 947). Since we held that the claim for consequential damages under the cause of action for breach...

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