December 17, 2024
November 22, 2024
Partner Evan Richman obtains a reversal in the Appellate Division and secures a dismissal in a breach of contract and tortious interference claim.
Partner Evan Richman secured a reversal in the Appellate Division and obtained the dismissal of an action brought by a plaintiff prospective purchaser of a condominium unit against the Condominium Board. The plaintiff alleged that the Board breached the plaintiff’s contract to purchase the unit by refusing to provide a written waiver of the Board’s right of first refusal. However, the Appellate Division reversed the finding of the lower court and dismissed the plaintiff’s claim for tortious interference with contract by finding that (1) the Board acted properly at all times and in accordance with the terms of the Condominium’s By-Laws and (2) that there was no underlying breach of the contract by the third-party seller of the unit. Tumayeva v. Geyber, 220 A.D.3d 634, 197 N.Y.S.3d 318 (2nd Dept. 2023)