Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On July 28, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with contract brought against a corporate officer due to a lack of allegations suggesting the officer was motivated “solely by malice.” In EMC Presents Delphi LLC v. Delphi Studios LLC, et al., Index No. 655192/2024, Plaintiff EMC sued Delphi Studios in connection with the failed financing of an entertainment business venture. One of EMC’s claims alleged that Andrea Jacobs, a principal at Delphi Studios, tortiously interfered with EMC’s financing contract and relationship with a third party financer. The Court held, however, that EMC had failed to meet the “enhanced pleading standard” triggered by Jacobs’s status as a corporate officer at Delphi Studios. The Court explained: Read More

On June 12, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with a agreement based on an acknowledged pre-existing relationship between the defendant and the contractual counterparty. In Oppenheimer & Co., Inc. v. Vivani Medical Inc., et al., Index No. 650421/2024, Oppenheimer & Co. entered into an agreement with Vivani Medical Inc. to locate an investor and fund a proposed merger. That merger fell through when Vivani Medical allegedly found a better deal through the services of ThinkEquity LLC. Oppenheimer sued both Vivani Medical and ThinkEquity on claims that included tortious interference with an agreement by ThinkEquity. Read More

On October 7, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, Index No. 652698/2022, holding that a defendant may be liable for tortious interference with contract when the defendant causes the plaintiff to breach its own contract with a nonparty, explaining: Read More

On September 4, 2024, Justice Margaret A. Chan dismissed a counterclaim by defendant Brookline, LLC d/b/a Lilogy (Lilogy) for tortious interference with business relations. The case is BT Supplies West, Inc. v. Brookline, LLC, Index No. 651364/2023. Schlam Stone & Dolan LLP represented plaintiff BT Supplies West, Inc. (BT Supplies) in the matter. Read More

In a Decision and Order, dated September 6, 2023, in Oneonta Athletic Corporation d/b/a Norwich Sea Unicorns v. Detroit Tigers, Inc. et ano., Index No. 651080/2022, Justice Barry Ostrager denied Defendants’ motion for summary judgment on plaintiff’s sole remaining claim, for tortious interference with contract, arising out of the decision by Major League Baseball to reduce the number of minor league terms from 160 to 120. The Court explained: Read More

On June 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision and order on motion in Jordan, Edmiston Group, Inc. v. Wong, 2023 NY Slip Op 32090(U), granting in part the motion for reargument. The Court had previously granted a limited injunction against defendant employee for breaching the non-disclosure provision of the Employee Confidentiality and Non-Competition Agreement by disclosing confidential information to defendant company. The motion for reargument related to plaintiff’s claim for tortious interference by defendant company. The Court explained: Read More

In a Decision and Order on Motion, dated April 17, 2023, in Millennium Consolidated Holdings, LLC v. Bluefin Capital Management, LLC, Index No. 656387/2022, Justice Margaret A. Chan denied defendant’s motion to dismiss the claim for tortious interference with contract or, in the alternative, to stay the action pending a determination from FINRA on a related matter between plaintiffs and the non-party employee, but granted defendant’s motion to dismiss plaintiffs’ claims for tortious interference with prospective business relations and unfair competition. Defendant, a privately-owned multi-strategy trading firm, employed plaintiffs’ former employee who had signed several agreements that subjected him to non-compete and confidentiality obligations. The Court explained while the allegations were sufficient to support a claim for tortious interference with the restrictive covenants in the former employee’s agreements with plaintiffs, the other claims should be dismissed: Read More

On April 21, 2022, in Anexia, Inc. v. Horizon Data Solutions Ctr., LLC, Index No. 657444/2019, Justice Robert R. Reed of the New York County Commercial Division, among other things, granted plaintiff’s motion to dismiss defendant’s counterclaim for tortious interference but denied its motion to dismiss the counterclaim for breach of the implied duty of good faith and fair dealing. The Court explained that while a tortious interference claim grounded on the same conduct as a breach of contract claim are duplicative, under certain circumstances New York recognizes the implied duty of good faith and fair dealing as an independent cause of action. Read More

On March 22, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Kind Operations Inc. v. AUA Private Equity Partners, LLC, denying a motion for leave to add a tortious interference claim because the proposed pleading failed to adequately allege lack of justification, explaining: Read More

In a Decision and Order dated January 11, 2022, in Misamore v Godfrey, 2022 NY Slip Op 00131, the First Department unanimously and summarily affirmed that where there was no breach of contract, the other claims for breach of implied covenant of good faith and fair dealing, tortious interference, and unjust enrichment had to be dismissed. Read More

On July 26, 2021, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Schorsch v. Luxor Capital Partners, LP, 2021 N.Y. Slip Op. 50698(U), dismissing a claim for tortious interference brought against a party to the contract allegedly interfered with, explaining: Read More

On July 28, 2021, the Second Department issued a decision in Stuart's LLC v. Edelman, 2021 N.Y.… Read More

On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-Ci… Read More

On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.… Read More

On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More

On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More

On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More

On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in G… Read More

On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More

On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More