Friedman v. Coldwater Creek, Inc.
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Joel Friedman appeals a January 28, 2008 judgment of the District Court granting summary judgment to defendants in plaintiffs action asserting a claim for tortious interference with prospective economic advantage. See Friedman v. Coldwater Creek, Inc., 551 F.Supp.2d 164 (S.D.N.Y. 2008). On appeal, plaintiff argues that the District Court “grossly misconstrued]” New York law
We review a district court’s grant of summary judgment de novo, construing the record in the light most favorable to the non-moving party. See, e.g., Hoyt v. Andreucci, 433 F.3d 320, 327 (2d Cir. 2006). “An order granting summary judgment will be affirmed only when no genuine issue of material fact exists and the mov-ant is entitled to judgment as a matter of law.” Riegel v. Medtronic, Inc., 451 F.3d 104, 108 (2d Cir. 2006) (citing Fed.R.Civ.P.56(c)).
Under New York law, in order to make out a prima facie case for tortious interference with prospective economic advan
In this case, plaintiff alleges that defendants employed “wrongful means” when, according to plaintiff, defendant McConnell falsely informed plaintiffs employer that she had previously discussed plaintiffs rude and inappropriate behavior with plaintiff before calling his employer. According to plaintiff, defendant McConnell’s alleged misrepresentation is sufficient to sustain his claim. We disagree. The New York Court of Appeals has never held that any misrepresentation to a third party is sufficient to sustain a claim for tortious interference with prospective economic relations. The conduct alleged here bears no resemblance to the “more culpable” conduct discussed by the New York Court of Appeals in Caivel. See Carvel, 3 N.Y.3d at 190, 785 N.Y.S.2d 359, 818 N.E.2d 1100. Under the circumstances of this case, defendant McConnell’s alleged misrepresentation does not suffice to establish wrongful means. Nor did defendants apply “extreme and unfair economic pressure.” Id.
Accordingly, we hold that the District Court did not err in granting summary judgment to defendants. The January 28, 2008 judgment of the District Court is AFFIRMED.
. The District Court's jurisdiction arose from the parties’ diversity of citizenship, see 28 U.S.C. § 1332, and it is undisputed that New York law governs plaintiff's claim.
Reference
- Full Case Name
- Joel FRIEDMAN v. COLDWATER CREEK, INC. and Kathy McConnell
- Cited By
- 21 cases
- Status
- Published