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NATIONAL FINANCIAL PARTNERS CORP. v. USA TAX AND INSURANCE SERVS., INC.

2360, 651808/12.

145 A.D.3d 440 (2016)

2016 NY Slip Op 08112

41 N.Y.S.3d 704

NATIONAL FINANCIAL PARTNERS CORP. et al., Respondents, v. USA TAX AND INSURANCE SERVICES, INC., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2016.

Issues of fact preclude dismissal of the claim for tortious interference with contractual relations. Plaintiffs have established the existence of the nonsolicitation and noncompete provisions in the Management and Merger Agreements between them and Stephen Delott, as well as USA Tax's knowledge of the restrictive covenants (Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 424 [1996]). However, while the record shows that Delott and...

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