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SPECTACOLOR INC., Appellant, v. BANQUE NATIONALE DE PARIS, Respondent, et al., Defendants.

The points raised by plaintiff in support of its causes of action for injunctive relief are identical to those that were decided against it in the order of March 18, 1994, affirmed herewith (Banque Arabe et Internationale D'Investissement v. One Times Sq. Assocs. Ltd. Partnership, 207 A.D.2d 727), and thus properly rejected on the ground of res judicata. The cause of action for tortious interference with contract was properly dismissed for failure to state a cause of action in the absence of any pleading of acts by respondent without economic or other justifications (see, Shea v. Hambro Am., 200 A.D.2d 371). Plaintiff's motion to disqualify opposing counsel is rendered moot by the dismissal of this action and the denial of the relief that was sought in the other action, and, in any event, is without merit. We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Ross, Rubin and Williams, JJ.

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SPECTACOLOR INC v. BANQUE NATIONALE DE PARIS
(Sep 22, 1994)