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Posts Categorized: Tortious Interference

Posted: 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. 00958, reinstating a claim for tortious interference with an at-will employment contract, explaining: We agree with plaintiff that Supreme Court erred in granting the motion with respect to the tortious interference with employment cause of action against... Read more »

Posted: 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 in Ambase Corp. v ACREFI Mtge. Lending, LLC, 2019 NY Slip Op. 33148(U), dismissing a tortious interference claim based on an economic justification defense, explaining: To prove a claim for tortious interference with contract, the plaintiff must show: (1)... Read more »

Posted: 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 Bus Sales, L.L.C., 2019 NY Slip Op. 06289, holding that a claim for tortious interference with contract was properly dismissed on summary judgment for lack of evidence that the defendant intended to cause the breach, explaining: Tortious... Read more »

Posted: 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 GCA Advisors, LLC v. Onion, Inc., 2019 NY Slip Op. 32341(U), holding that the economic interest defense defeated a tortious interference claim, explaining: In moving to dismiss the tortious interference claim, Univision raises its economic interest in the... Read more »

Posted: 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, LLC, 2019 NY Slip Op. 04345, holding that a tortious interference claim should have been dismissed because the complaint did not allege that the defendants acted for reasons other than self-interest and other economic considerations, explaining: [C]onstruing... Read more »

Posted: 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. v. Acquest S. Park, LLC, 2019 NY Slip Op. 02243, holding that the defendant causing the plaintiff to breach a contract with a third party cannot serve as the basis for a tortious interference claim, explaining: We reject Kingsbury’s... Read more »

Posted: 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 Wikked Entertainment, Inc. v. Burbacki, 2019 NY Slip Op. 30329(U), holding that a claim for tortious interference based on defamation must be pleaded with particularity, explaining: The motion to dismiss the second cause of action (tortious interference) is granted... Read more »

Posted: 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. 24 E. 12th St. Assoc. LLC, 2019 NY Slip Op. 00060, holding that a defendant was not entitled to dismissal of a tortious interference claim based on an economic interest defense, explaining: The complaint states a cause of action for... Read more »

Posted: 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 in Capital Stack, LLC v. Raharney Capital, LLC, 2018 NY Slip Op. 33389(U), dismissing a tortious interference claim on summary judgment, explaining: Capital Stack also seeks summary judgment with respect to its fifth cause of action, for Rahamey’s tortious interference with... Read more »