Opinion
14881, 652457/13E
04-21-2015
PURSUIT INVESTMENT MANAGEMENT LLC, et al., Plaintiffs–Respondents, v. ALPHA BETA CAPITAL PARTNERS, L.P., et al., Defendants, Harris & Houghteling LLP, Defendant–Appellant.
Furman, Kornfeld & Brennan LLP, New York (A. Michael Furman of counsel), for appellant. Cane & Associates LLP, New York (Peter S. Cane of counsel), for respondents.
Furman, Kornfeld & Brennan LLP, New York (A. Michael Furman of counsel), for appellant.
Cane & Associates LLP, New York (Peter S. Cane of counsel), for respondents.
FRIEDMAN, J.P., SWEENY, SAXE, FEINMAN, CLARK, JJ.
Opinion Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about September 9, 2014, which denied the motion of defendant Harris & Houghteling LLP (Harris) to dismiss the complaint as against it pursuant to CPLR 3211(a)(7), unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint as against Harris.
Dismissal of the complaint as against Harris is warranted since plaintiffs failed to state a viable claim for tortious interference with contract, as plaintiffs did not allege that Harris's conduct was the “but for” causation of their purported damages (see Wilmington Trust Co. v. Burger King Corp., 34 A.D.3d 401, 402–403, 826 N.Y.S.2d 205 [1st Dept.2006], lv. denied 8 N.Y.3d 806, 832 N.Y.S.2d 488, 864 N.E.2d 618 [2007] ; Cantor Fitzgerald Assoc. v. Tradition N. Am., 299 A.D.2d 204, 749 N.Y.S.2d 249 [1st Dept.2002], lv. denied 99 N.Y.2d 508, 757 N.Y.S.2d 819, 787 N.E.2d 1165 [2003] ).
Dismissal of the action as against Harris, a law firm, is also warranted because it is immune from liability “under the shield afforded attorneys in advising their clients, even when such advice is erroneous, in the absence of fraud, collusion, malice or bad faith” (Purvi Enters., LLC v. City of New York, 62 A.D.3d 508, 509–510, 879 N.Y.S.2d 410 [1st Dept.2009] [internal quotation marks omitted] ). To the extent plaintiffs allege fraud, collusion, malice and bad faith on the part of Harris, these allegations are conclusory (see Abrams v. Pecile, 84 A.D.3d 618, 619, 924 N.Y.S.2d 51 [1st Dept.2011] ).