Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Division, First Department:May 21, 2020

Appellate Division, First Department:May 21, 2020

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

By Acosta, P.J., Renwick, Webber, Gesmer, JJ.

654956/16. JEREMY WIESEN ALSO KNOWN AS JEREMY WEISEN, plf-app, v. VERIZON COMMUNICATIONS, INC., def-res — Heerde Blum LLP, New York (Collin J. Cox of counsel), for appellant — Spears & Imes LLP, New York (Linda Imes and Reed M. Keefe of counsel), for respondent — Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered on or about October 1, 2018, which, to the extent appealed from as limited by the briefs, granted the motion of defendant Verizon Communications Inc. (Verizon) to dismiss plaintiff’s claim for tortious interference with contract, unanimously affirmed, without costs. To support a tortious interference claim, New York law requires that the contract would not have been breached “but for” the defendant’s conduct (Burrowes v. Combs, 25 AD3d 370, 373 [1st Dept 2006], lv denied 7 NY3d 704 [2006]; CDR Creances S.A. v. Euro-American Lodging Corp., 40 AD3d 421, 422 [1st Dept 2007]). Here, the complaint contains no specific allegations to this effect. Furthermore, it follows that if the alleged underlying breach occurs before the claimed “inducement” by a defendant, the inducement “could not have been the ‘but for’ cause of [the] purported breaches” (North Star Contr Corp. v. MTA Capital Constr. Co., 120 AD3d 1066, 1071 [1st Dept 2014]; Cantor Fitzgerald Assoc. v. Tradition N. Am., 299 AD2d 204 [1st Dept 2002], lv denied 99 NY2d 508 [2003]). Plaintiff makes only conclusory allegations in an effort to establish that Verizon knew about the underlying agreements before nonparty Ram Telecom International, Inc. is alleged to have breached them. We have considered plaintiff’s remaining contentions and find them unavailing. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have at l...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements