Haubold v Towers on the Park Condominium

Holding The court affirmed the dismissal of the plaintiffs’ claims for tortious interference and breach of fiduciary duty because they failed to identify any independent tortious conduct by the defendants. The enforcement of the plaintiffs’ agreement to obtain a new tax lot for their combined units did not constitute disparate treatment under the business judgment rule.

The court’s words

Plaintiffs did not enter into a contract of sale for their combined condominium units in 2017, negating a central element of the claim

2026 NY Slip Op 05725, at the official text

Plaintiffs also did not identify any purportedly tortious conduct by defendants that thwarted that sale

2026 NY Slip Op 05725, at the official text

Plaintiffs failed to demonstrate that defendants took any steps to involve themselves with plaintiffs' 2017 unconsummated sale

2026 NY Slip Op 05725, at the official text

The enforcement of plaintiffs' agreement in which they agreed to complete the tax lot merger does not constitute disparate treatment

2026 NY Slip Op 05725, at the official text