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

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

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

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

Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

On June 21, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in August Constr. Group, Inc. v. DeGroat, 2023 NY Slip Op. 50604(U), dismissing a tortious interference with prospective economic advantage claim for, among other things, failure to allege a related crime or independent tort . . . Continue reading Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff

Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff

On May 9, 2023, the First Department issued a decision in Arena Invs., L.P. v. DCK Worldwide Holding Inc., 2023 NY Slip Op. 02476, holding that a party to a contract can still be liable for tortious interference with that contract if it had no contractual duties to the plaintiff . . . Continue reading Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff

Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld

Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld

On April 17, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consol. Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 31271(U), upholding a tortious interference with contract claim based on a non-compete provision . . . Continue reading Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld

Tortious Interference Claim Dismissed for Failure Adequately to Alleged that the Defendant Procured the Contract’s Breach

Tortious Interference Claim Dismissed for Failure Adequately to Alleged that the Defendant Procured the Contract’s Breach

On March 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Stier 109 LLC v. 109 S. 5 Prop. LLC, 2023 NY Slip Op. 30876(U), dismissing a tortious interference claim for failure adequately to allege that the defendant procured the contract’s breach . . . Continue reading Tortious Interference Claim Dismissed for Failure Adequately to Alleged that the Defendant Procured the Contract’s Breach

Tortious Interference With Business Relations Claim Dismissed for Lack of Factual Allegations of Wrongful Conduct

Tortious Interference With Business Relations Claim Dismissed for Lack of Factual Allegations of Wrongful Conduct

On February 14, 2023, Justice Masley of the New York County Commercial Division issued a decision in Crewfacilities.com, LLC v. City of New York, 2023 NY Slip Op. 30462(U), dismissing a tortious interference with business relations claim for lack of factual allegations of wrongful conduct . . . Continue reading Tortious Interference With Business Relations Claim Dismissed for Lack of Factual Allegations of Wrongful Conduct