Commercial Landlord-Tenant—Car Wash Tenant Sued Landlord—Tortious Interference With Business Relations— Breach of the Implied Covenant of Good Faith and Fair Dealing—Intentional and Negligent Property Damage—Landlord Allegedly Hired Counsel and Experts Who Fraudulently Misrepresented to Town Officials That They Had Been Hired and Retained by Neighbors to Oppose Approvals for Tenant’s New Location—Landlord Sought to Open Its Own Car Wash and Appropriate Tenant’s Customers—Landlords May Fill Future Vacancies, but May Not Destroy or Injure Tenants’ Rights Under Existing Leases
A tenant car wash operator (tenant) commenced an action, alleging causes of action for tortious interference with business relations (tortious interference), breach of the implied covenant of good faith and fair dealing (implied covenant), and intentional and negligent property damage. The tenant had moved to stay a summary proceeding to recover possession of the premises, restrain and enjoin the defendant landlords from evicting the tenant during the pendency of the subject action, and to remove the summary proceeding to the Supreme Court and consolidate it with the subject action. The landlord, inter alia, cross-moved to dismiss for failure to state a cause of action. The court denied both motions.
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