Comments on: How to Prove the Two Types of Tortious Interference Claims Under New York Law http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/ Sun, 22 Apr 2012 14:36:03 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Jonathan Cooper http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-159 Jonathan Cooper Sun, 22 Apr 2012 14:36:03 +0000 http://nysmallbusinessattorney.com/?p=445#comment-159 Thank you for your insightful question. Your factual scenario does not fit the classic mold of tortious interference. That said, and perhaps I'm reading too much into this, but if you want an answer to a specific circumstance to make sure you're not opening yourself up to potential legal liability, you should probably contact a lawyer in your jurisdiction who is thoroughly familiar with the doctrine of tortious interference. Thank you for your insightful question. Your factual scenario does not fit the classic mold of tortious interference. That said, and perhaps I’m reading too much into this, but if you want an answer to a specific circumstance to make sure you’re not opening yourself up to potential legal liability, you should probably contact a lawyer in your jurisdiction who is thoroughly familiar with the doctrine of tortious interference.

]]> By: Mich bell http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-158 Mich bell Sat, 21 Apr 2012 00:38:55 +0000 http://nysmallbusinessattorney.com/?p=445#comment-158 Question A and B enter a contract A commits a material breach of expressly prohibited by the contract. Independent third party C learns of the breach. C notifies B of the breach so B can address the breach, protect their brands prestige. C asks for a reward for providing this information. C has no interest in contracting with B except to ensure C receives the reward. Has C committed Tortious Interference in any fashion and or can C be liable for their actions in any way? Thank you Question
A and B enter a contract
A commits a material breach of expressly prohibited by the contract.
Independent third party C learns of the breach.
C notifies B of the breach so B can address the breach, protect their brands prestige.
C asks for a reward for providing this information.
C has no interest in contracting with B except to ensure C receives the reward.

Has C committed Tortious Interference in any fashion and or can C be liable for their actions in any way?

Thank you

]]> By: Des http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-112 Des Tue, 07 Feb 2012 00:25:11 +0000 http://nysmallbusinessattorney.com/?p=445#comment-112 In New York State, do you have a case of tortious interference when a member of a local school board, instructs (more like intimidates) a Director of Human Resources (a title they do not supervise), not to make administrative corrections (for employee positions) with the local civil service commission (positions held in excess of 36 months..) - as a direct result the employees were terminated. In New York State, do you have a case of tortious interference when a member of a local school board, instructs (more like intimidates) a Director of Human Resources (a title they do not supervise), not to make administrative corrections (for employee positions) with the local civil service commission (positions held in excess of 36 months..) – as a direct result the employees were terminated.

]]> By: Robert Moses http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-78 Robert Moses Tue, 12 Jul 2011 14:27:35 +0000 http://nysmallbusinessattorney.com/?p=445#comment-78 OK, 1. Tenant and landlord have lease contract in effect 2. Landlord is about to go through foreclosure and is trying to modify his mortgage 3. Bank doesn't want landlord to modify because the property is more valuable to them. 4. Bank sends someone to tell the tenants not to pay rent because lanmdlord is losing house. 5. As a result, the tenant stops paying and the landlord no longer makes enough money to qualify for a HAMP mortgage modification. It seems that there was an existing contract between the landlord and tenant....the bank must have known of this contract...the bank willingly intervened between the contract....and the bank's intervention caused the tenant to stop paying, causing direct damage to the landlord. Is there any other information you need about the case? Thanks, Rob OK,

1. Tenant and landlord have lease contract in effect
2. Landlord is about to go through foreclosure and is trying to modify his mortgage
3. Bank doesn’t want landlord to modify because the property is more valuable to them.
4. Bank sends someone to tell the tenants not to pay rent because lanmdlord is losing house.
5. As a result, the tenant stops paying and the landlord no longer makes enough money to qualify for a HAMP mortgage modification.

It seems that there was an existing contract between the landlord and tenant….the bank must have known of this contract…the bank willingly intervened between the contract….and the bank’s intervention caused the tenant to stop paying, causing direct damage to the landlord.

Is there any other information you need about the case?

Thanks, Rob

]]> By: Jonathan Cooper http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-76 Jonathan Cooper Mon, 11 Jul 2011 15:35:29 +0000 http://nysmallbusinessattorney.com/?p=445#comment-76 Possibly ... But I would need to know more to give a more accurate answer. Possibly … But I would need to know more to give a more accurate answer.

]]> By: Robert Moses http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-75 Robert Moses Mon, 11 Jul 2011 14:46:40 +0000 http://nysmallbusinessattorney.com/?p=445#comment-75 This is a really interesting thread. Here's a question I've been struggling with. I've recently come across a case where a landlord is working on a HAMP loan modification (HAMP is a program Obama created to help homeowners modify their mortgage.) The bank, however, does not want the landlord to qualify for a modification. One of the requirements to qualify for a modification is proof of a specific amount of income. The landlord needs the tenants to pay rent in order to earn the satisfactory income requirements. The bank sent someone to the landlords house to speak with the tenants and tell them that the landlord will be losing his house and they therefore do not need to pay rent. This caused the tenants not to pay rent....(which I'm wondering whether that qualifies for tortious interference) which ultimately will result in the landlord losing his home, since he no longer earns the required amount of income. Is this tortious interference? -Rob This is a really interesting thread.

Here’s a question I’ve been struggling with. I’ve recently come across a case where a landlord is working on a HAMP loan modification (HAMP is a program Obama created to help homeowners modify their mortgage.) The bank, however, does not want the landlord to qualify for a modification. One of the requirements to qualify for a modification is proof of a specific amount of income. The landlord needs the tenants to pay rent in order to earn the satisfactory income requirements. The bank sent someone to the landlords house to speak with the tenants and tell them that the landlord will be losing his house and they therefore do not need to pay rent. This caused the tenants not to pay rent….(which I’m wondering whether that qualifies for tortious interference) which ultimately will result in the landlord losing his home, since he no longer earns the required amount of income.

Is this tortious interference?

-Rob

]]> By: Jonathan Cooper http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-72 Jonathan Cooper Tue, 07 Jun 2011 14:45:55 +0000 http://nysmallbusinessattorney.com/?p=445#comment-72 If you have a particular, personal situation that you would like to discuss, I suggest that you call my office so that I can provide better guidance. If you have a particular, personal situation that you would like to discuss, I suggest that you call my office so that I can provide better guidance.

]]> By: David http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-66 David Mon, 25 Apr 2011 03:07:57 +0000 http://nysmallbusinessattorney.com/?p=445#comment-66 I am a teacher. All teachers have employment contracts. Another teacher filled a complaint against me that just might cost me my job. The complaint was a lie. There are no witnesses to what she said happened because it never happened. If this costs me my job, can I sue her for tortious interference with contract ? I am a teacher. All teachers have employment contracts.

Another teacher filled a complaint against me that just might cost me my job. The complaint was a lie. There are no witnesses to what she said happened because it never happened. If this costs me my job, can I sue her for tortious interference with contract ?

]]> By: Domingo Ortiz http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-53 Domingo Ortiz Thu, 09 Dec 2010 21:36:11 +0000 http://nysmallbusinessattorney.com/?p=445#comment-53 I'd also like to add that once the landlord gave his verbal okay and told both parties that the new owner should pose no problems, thousands of dollars were spent by both parties on attorneys to draw up a contract and facilitate the transfer of ownership I’d also like to add that once the landlord gave his verbal okay and told both parties that the new owner should pose no problems, thousands of dollars were spent by both parties on attorneys to draw up a contract and facilitate the transfer of ownership

]]> By: Domingo Ortiz http://nysmallbusinessattorney.com/how-to-prove-the-two-types-of-tortious-interference-claims-under-new-york-law/comment-page-1/#comment-52 Domingo Ortiz Thu, 09 Dec 2010 21:27:55 +0000 http://nysmallbusinessattorney.com/?p=445#comment-52 Thank you for responding. Yes, it is not strictly hypothetical, and I have an appointment scheduled to review the case. I was just curious if this fell under the contract itself, or could be considered interference. If a transfer of lease is covered in the lease, and all the requirements are met to allow the transfer, how can a landlord effectively add more requirements (i.e. landlord must know, like and want to do business with new owner)? Wouldn't that have to be included in the lease? If not, what is the point of putting anything into the lease? Do the landlord's whims trump a written contract? BTW, the lease states that consent may not be reasonably withheld if the assignee meets the criteria stated in the lease, which he does (and landlord agreed they were met, orally). For what it's worth, landlord insists that he must meet with buyer (to discuss and possibly amend terms of the 5 year tenant option at end of 10 year lease). I am in NYC. So is this a breach of contract, or interference? I realize that this is just a question on a blog, and not a formal review of the facts. Like I said, this is for an attorney, and as my current attorney is only handling the business transfer, I am meeting tomorrow with a tenant/landlord attorney. I'm just very curious and a touch impatient. Thank you again for your time. Thank you for responding. Yes, it is not strictly hypothetical, and I have an appointment scheduled to review the case. I was just curious if this fell under the contract itself, or could be considered interference.

If a transfer of lease is covered in the lease, and all the requirements are met to allow the transfer, how can a landlord effectively add more requirements (i.e. landlord must know, like and want to do business with new owner)? Wouldn’t that have to be included in the lease? If not, what is the point of putting anything into the lease? Do the landlord’s whims trump a written contract?

BTW, the lease states that consent may not be reasonably withheld if the assignee meets the criteria stated in the lease, which he does (and landlord agreed they were met, orally). For what it’s worth, landlord insists that he must meet with buyer (to discuss and possibly amend terms of the 5 year tenant option at end of 10 year lease). I am in NYC. So is this a breach of contract, or interference?

I realize that this is just a question on a blog, and not a formal review of the facts. Like I said, this is for an attorney, and as my current attorney is only handling the business transfer, I am meeting tomorrow with a tenant/landlord attorney. I’m just very curious and a touch impatient. Thank you again for your time.

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