Blogs

Posts Categorized: Tortious Interference

Posted: 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.D.E. Sys., Inc. v. Gil-Bar Indus., Inc., 2021 NY Slip Op. 31552(U), holding that a tortious interference with prospective business relations claim failed for lack of factual allegations of bad conduct, explaining: To state a cause of action for... Read more »

Posted: 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 BDO USA, LLP v. Stiles, 2021 NY Slip Op. 30064(U), holding that a tortious interference claim cannot be based on an agreement to at-will employment, explaining: To establish a claim of tortious interference with contract, the plaintiff must... Read more »

Posted: 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, 2020 NY Slip Op. 06939, holding that federal bankruptcy law does not preempt tortious interference claims by non-debtors, explaining: In their bid for dismissal of plaintiff’s claims, defendants do not identify any specific Bankruptcy Code provisions that... Read more »

Posted: 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 Slice Bus. Mktg., Inc. v. Kipp, 2020 NY Slip Op. 33361(U), holding that a tortious interference claim failed without allegations of wrongful means, explaining: The elements of interference with contract are the existence of a valid contract, defendant’s... Read more »

Posted: 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 GMX Tech., LLC v. Pegasus Capital Advisors, L.P., 2020 NY Slip Op. 32634(U), holding that a claim for tortious interference with a prospective business relationship fails without allegations of wrongful means or malice, explaining: GMX alleges that defendants... Read more »

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 »