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Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that in the First Department, there is a cognizable claim for tortious interference with contract against a holdover tenant by a new tenant prevented from taking possession by the holdover. Whether such a claim will be viable in a given situation, however, will depend on the terms of the leases involved and the significance of those terms. That is a matter as to which judges may well differ.
February 06, 2008 at 12:00 AM
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