Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means
Commercial Case Notes / Tortious Interference

Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means . . . Continue reading Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

On May 20, 2025, the First Department issued a decision in Beast Invs., LLC v. Celebrity Virtual Dining, LLC, 2025 NY Slip Op. 03012, holding that a tortious interference with prospective business advantage claim failed because it inadequately alleged the defendant’s bad conduct . . . Continue reading Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship
Commercial Case Notes / Tortious Interference

Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship

On December 5, 2024, the First Department issued a decision in Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 NY Slip Op. 06141, holding that an existing contract, without more, was an insufficient basis for alleging a prospective business relationship . . . Continue reading Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
Commercial Case Notes / Defamation / Statute of Limitation/Laches / Tortious Interference

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name
Commercial Case Notes / Quantum Meruit/Unjust Enrichment / Tortious Interference

Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name

On May 30, 2024, the First Department issued a decision in Manhattan Chrystie St. Dev. Fund, LLC v. 215 Chrystie Invs. LLC, 2024 NY Slip Op. 02989, holding that corporate officers acting in bad faith and outside the scope of their duties could be held liable for actions taken in corporation’s name . . . Continue reading Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name

Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct

On December 20, 2023, Justice Platkin of the Albany County Commercial Division issued a decision in Gujral v. Anesthesia Group of Albany, P.C., 2023 NY Slip Op. 51452(U), holding that a tortious interference with prospective advantage claim failed for failure adequately to allege malicious or wrongful conduct . . . Continue reading Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct

Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach
Commercial Case Notes / Tortious Interference

Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach

On December 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Boston Beer Corp. v. Boening Bros., Inc., 2023 NY Slip Op. 34428(U), upholding a tortious interference with contract claim based on allegations that the defendant intentionally procured the breach . . . Continue reading Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means
Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means

On October 12, 2023, the First Department issued a decision in Lucas v. Verizon Communications, Inc., 2023 NY Slip Op. 05190, dismissing a claim for tortious interference with prospective business relations on summary judgment for lack of evidence of wrongful means . . . Continue reading Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means