MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff Prime Materials Recovery, Inc. (“PMR”) brings this diversity action against Defendants J.J.R. Properties of New York, LLC (“JJR”) and Certain Underwriters at Lloyd’s London Subscribing to Certificate No. GEP 9871-17 (“Underwriters”).1 The Amended Complaint alleges that JJR engaged in conversion of PMR’s property (First Cause of Action), breached its lease with PMR (Third Cause of Action), and was negligent (Fifth Cause of Action). It also alleges that Underwriters aided and abetted JJR’s conversion (Second Cause of Action) and engaged in tortious interference with PMR’s lease with JJR (Fourth Cause of Action). (Dkt. No. 21). Presently before the Court is Underwriters’ partial motion to dismiss Plaintiff’s tortious interference claim (Fourth Cause of Action) under Federal Rule of Civil Procedure 12(b)(6), (Dkt. No. 24), which Plaintiff opposes. (Dkt. No. 38). For the reasons that follow, Defendant Underwriters’ (“Defendant’s”) motion to dismiss is denied. II. FACTS2 Plaintiff is a metal merchant that operates a reprocessing facility in Canastota, New York. (Dkt. No. 21,
10-12). In January 2018, Plaintiff entered into a commercial lease with JJR to lease “approximately ten thousand (10,000) square feet of rentable warehouse space” in Canastota. (Dkt. No. 21-1, 2). Plaintiff leased this space for storing “reprocessed copper that was intended for resale.” (Dkt. No. 21, 16). The lease “entitled PMR to ‘peaceably and quietly have, hold, occupy and enjoy the [leased space] during the term [t]hereof without hindrance by any persons lawfully claiming under Lessor.’” (Id. 15). By March 2018, Plaintiff was storing more than 1.5 million pounds of copper in the leased warehouse (worth approximately $5,000,000). (Id. 19). According to Plaintiff, JJR “failed to properly maintain” the space and on March 10, 2018 “the roof of the Leased Space collapsed, trapping PMR’s copper inventory located within the Leased Space below rubble that had fallen from above.” (Id.
