Hildreth Real Estate Advisors, LLC v. Learned Hands Court, LLC; Trunzo General Contracting Corp.

Summary

The Appellate Division, Second Department affirmed an order denying Trunzo General Contracting Corp.'s motion to dismiss claims arising from its purported exercise of a right of first refusal. The court held that the prior order was not law of the case on standing, that Trunzo did not establish Hildreth's lack of standing, and that the amended complaint adequately pleaded tortious interference with contract.

Holdings

1. The prior order did not constitute law of the case because it did not address Hildreth's standing to assert tortious interference with contract.
2. Trunzo failed to establish prima facie that Hildreth lacked standing to assert a tortious-interference claim based on Trunzo's purported exercise of its right of first refusal.
3. The amended complaint adequately pleaded a viable cause of action for tortious interference with contract.

Questions Presented

1. Whether a prior order constituted law of the case concerning Hildreth's standing to assert tortious interference with contract.
2. Whether Trunzo established prima facie that Hildreth lacked standing to assert tortious interference with Hildreth's contract with Learned Hands.
3. Whether the amended complaint adequately pleaded a cause of action for tortious interference with contract.

Disposition

affirmed