FKB’s Spencer A. Richards and Alec B. Neimand successfully obtained a CPLR § 3211 dismissal of tortious interference with contract claims on behalf of a real estate and complex commercial litigation attorney. The plaintiff alleged that FKB’s client lobbied government agencies and officials on behalf of a local church to remove a tax exemption for the plaintiff’s private business renting space within the church. In a successful CPLR § 3211 motion to dismiss, FKB argued that the plaintiff’s claims lacked legal and factual support, highlighting the doctrine that attorneys are not liable to third parties for acts taken in the scope of an attorney-client relationship, outside of malicious or fraudulent conduct. The Hon. Jennifer G. Schecter (NY County, Supreme Court) agreed with FKB’s argument and dismissed the tortious interference claims against FKB’s client.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Spencer A. Richards or Alec B. Neimand.