Unionport Shoes, Inc. v. Kids Place of New York, Inc.

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about January 23, 1997, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs. On a prior appeal to this Court (Unionport Shoes v Parkchester S. Condominium, 205 AD2d 385, 387), it was held that “assuming both a valid subletting and defendant’s awareness of the sublease, plaintiff has established a prima facie case of wrongful interference with contractual relations”. Plaintiff has not established either element as a matter of law. Accordingly, plaintiff’s motion for summary judgment was properly denied. Concur — Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.