Blogs

Posts Categorized: Tortious Interference

Posted: 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, 2020 NY Slip Op. 04136, affirming the dismissal of a tortious interference claim for lack of allegations of malice or illegal means, explaining: To prevail on a cause of action to recover damages for tortious interference... Read more »

Posted: 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 Slip Op. 03637, holding that the plaintiff’s tortious interference with prospective business relations claim failed for lack of evidence of wrongful means or malice, explaining: [W]e agree with the Supreme Court’s determination that the Silvio defendants were... Read more »

Posted: 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., 2020 NY Slip Op. 03187, holding that a tortious interference claim accrues when the plaintiff is first damaged, explaining: The statute of limitations for tortious interference with prospective business relations is three years from the date of injury,... Read more »

Posted: 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 v. Shyer, 2020 NY Slip Op. 31519(U), holding that defendants who were parties to a contract could not be held liable for tortious interference with it, explaining: Tortious interference with contract requires the existence of a valid... Read more »

Posted: 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 VR Ltd., 2020 NY Slip Op. 02240, holding that the cost of litigation was insufficient to satisfy the damages element of a tort claim, explaining: In the sixth cause of action, plaintiffs allege that OZ Management tortiously interfered... Read more »

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 »