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TOMMY HILFIGER U.S.A., INC. v. 25 WEST 39th STREET REALTY, LLC

0602011/2007 Sequence Number: # 001

2008 NY Slip Op 32390 (U)

TOMMY HILFIGER U.S.A., INC., Plaintiff, v. 25 WEST 39TH STREET REALTY, LLC and 25 WEST 39TH STREET HOLDINGS, LLC, Defendants.

Supreme Court of the State of New York, New York County.

Motion Date: March 3, 2008.

DECISION AND ORDER

Judge: RICHARD B. LOWE

This dispute arises out of an agreement for the sale of real property. The plaintiff seeks to enforce a profit participation provision asserting causes of action for breach of contract, breach of the covenant of good faith and fair dealing, and tortious interference. On this motion, Defendants move to dismiss pursuant to CPLR 3211[a][7].

BACKGROUND

On August 24, 2005, Tommy Hilfiger U.S.A., Inc...

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