Practice point: The Appellate Division affirmed the dismissal of the counterclaim for tortious interference with prospective economic relations. The claim requires a showing that the interference was accomplished with malicious intent or by wrongful means. 'Wrongful means' includes physical violence, fraud or misrepresentation, civil suits and criminal prosecutions, and some degrees of economic pressure.
Student note: Where the interfering conduct is a civil suit, it must be shown that the suit was frivolous.
Case: Arnon Ltd (IOM) v. Beierwaltes, NY Slip Op 01156 (1st Dept. 2015)
Here is the decision.
Monday's issue: A common tenancy in unequal shares.
