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

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May 17, 2022 New York Recognizes Breach of Implied Duty of Good Faith and Fair Dealing and Breach of Contract as Independent Causes of Action
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
May 6, 2022 Tortious Interference Claim Fails When Alleged Interference Is Incidental to Lawful Purpose
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
March 23, 2022 Dismissal of Breach of Contract Claim Decisive of Motion to Dismiss Complaint
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
November 1, 2021 Tortious Interference Claim Fails Against Party to Contract
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
September 24, 2021 Claim for Tortious Interference With Business Relations Fails Because Defendant Acted In Self Interest
On July 28, 2021, the Second Department issued a decision in Stuart's LLC v. Edelman, 2021 N.Y.… Read More
September 13, 2021 Courts Will Not Imply a Contract When There Is an Express Written Agreement
On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-Ci… Read More
May 17, 2021 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Factual Allegations of Bad Conduct
On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.… Read More
January 23, 2021 Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
December 3, 2020 Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
October 24, 2020 Tortious Interference Claim Fails Without Allegations of Wrongful Means
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
August 23, 2020 Tortious Interference With a Prospective Business Relationship Claim Fails Without Allegations of Wrongful Means or Malicious Purpose
On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in G… Read More
July 28, 2020 Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More
July 7, 2020 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More
June 20, 2020 Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
June 16, 2020 Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it
On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer… Read More
April 12, 2020 Cost of Litigation Does Not Satisfy Damages Element of Tort Claim
On April 9, 2020, the First Department issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt … Read More
February 12, 2020 Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
December 18, 2019 No Cause of Action for Loss of Prospective Economic Advantage
On October 31, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Pat… Read More
October 31, 2019 Tortious Interference Claim Dismissed Based on Economic Justification Defense
On October 22, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
August 30, 2019 Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach
On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York B… Read More
August 20, 2019 Economic Interest Defense Defeats Tortious Interference Claim
On August 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
June 7, 2019 Tortious Interference Claim Fails When Defendants' Actions Motivated by Self-Interest and Other Economic Considerations
On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LL… Read More
April 4, 2019 That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim
On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co… Read More
March 3, 2019 Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 13, 2019 Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense
On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. … Read More
January 7, 2019 Tortious Interference Claim Dismissed on Summary Judgment
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
October 24, 2018 Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
October 18, 2018 Tortious Interference Claim Cannot Relate to a Contract that is Terminable at Will
On October 5, 2018, the Fourth Department issued a decision in American Recycling & Mfg. Co., In… Read More
July 11, 2018 Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law
On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E… Read More
June 18, 2018 Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Go… Read More
March 8, 2018 Proposed Amended Complaint Fails to Meet High Burden for Interference with Business Relations Claim
On February 8, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 7, 2018 Court Upholds Tortious Interference with Prospective Business Relations Claim
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 2, 2017 Valid Threats of Patent Litigation Against Customers Not Tortious Interference
On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision … Read More
June 17, 2017 Claim Fails Heightened Tortious Interference Pleading Standard for Corporate Officers
On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in TC Tra… Read More
October 14, 2016 Tortious Interference Claims Dismissed; No Wrongful or Unjustified Conduct
On September 30, 2016, Justice Bransten of the New York County Commercial Division issued a decision… Read More
August 19, 2016 Corporate Officer Who Personally Commits Tort May be Held Independently Liable
On August 10, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
February 19, 2016 Manager Acting in Good Faith Not Liable for Inducing Performer to Breach Contract
On February 2, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 18, 2016 Corporate Officer Not Liable for Inducing Corporation to Breach Contract Unless Officer Acts Exclusively In His Own Interest
On February 8, 2016, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
January 14, 2016 Court Recognizes Claim for Tortious Interference with Enforcement of a Judgment
On December 29, 2015, the First Department issued a decision in Priestley v. Panmedix Inc., 2015 NY … Read More
October 17, 2015 No Interference with Prospective Business Relations Where Misconduct Directed at Plainitiff
On October 13, 2015, the First Department issued a decision in RXR WWP Owner LLC v. WWP Sponsor, LLC… Read More
September 13, 2015 No Tortious Interference Claim If Defendant Not But-For Cause of Breach
On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oik… Read More
August 1, 2015 Tortious Interference Claim Dismissed Based on Noerr-Pennington Doctrine
On July 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
February 16, 2015 Frivolous Lawsuit Insufficient Basis for Tortious Interference Claim
On February 10, 2015, the First Department issued a decision in Arnon Ltd (IOM) v. Beierwaltes, 2015… Read More
August 28, 2014 Acquirer Not Liable for Tortious Interference With Contract of Company it Acquired
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More