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Success Academy Charter Schools Inc. v. Liberty Sq. Realty Corp.

Leave to Amend Contract Breach Counterclaim Granted, Tortious Interference Claim Dismissed

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 23, 24, 25, 26, 27, 28, 29, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 were read on this motion to/for          DISMISS. DECISION ORDER ON MOTION   In motion sequence number 002, plaintiff and counterclaim-defendant Success Academy Charter Schools, Inc. (Success Academy) moves, pursuant to CPLR 3211(a) (7), to partially dismiss defendant and counterclaim-plaintiff Liberty Square Realty Corp.’s (Liberty) counterclaims and to strike Liberty’s request for treble damages. Liberty cross-moves for leave to amend its counterclaims for (1) breach of contract, (2) tortious interference with contractual relations, and (3) tortious interference with prospective economic advantage and requests punitive damages. The Complaint and the Answer and Counterclaims The facts recited below are taken from the amended complaint (NYSCEF Doc. No. [NYSCEF] 28, 1/17/2020 Amended Verified Complaint) and the answer and counterclaims (NYSCEF 29, 12/03/19 Answer and Counterclaims). Success Academy is a not-for-profit corporation that manages Success Academy Charter School-NYC, an entity that operates forty-five public charter schools in Manhattan, Brooklyn, Queens, and the Bronx (NYSCEF 28, Amended Complaint

12, 13). On May 3, 2017, Success Academy entered into a lease agreement with Liberty, whereby Liberty agreed to transform a Bronx Courthouse into a high school for Success Academy’s use (id.

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