Hai Po Sun v Jung Hoon Son

Holding The Appellate Division reversed the summary judgment dismissing the defendant’s counterclaim, finding that triable issues of fact existed regarding whether the plaintiff acted in a personal capacity out of malice to interfere with the defendant’s employment. The court also reinstated the defendant’s affirmative defense of setoff because the alleged damages exceeded the amount due on the promissory note.

The court’s words

Defendant presented sufficient evidence to raise triable issues of fact

2026 NY Slip Op 06564, at the official text

An email from pulseData's Director of People and Performance permits the inference that plaintiff initiated the investigation

2026 NY Slip Op 06564, at the official text

Defendant also presented sufficient evidence to raise triable issues of fact as to whether out of malice

2026 NY Slip Op 06564, at the official text

Plaintiff's argument that pulseData's investigation was unrelated to defendant's promissory note and that the consent judgment

2026 NY Slip Op 06564, at the official text

Both pulseData's Director of People and Performance and outside counsel referred to defendant's personal debt

2026 NY Slip Op 06564, at the official text

Defendant raised triable issues of fact as to whether plaintiff's conduct was outside the scope of his authority

2026 NY Slip Op 06564, at the official text

A corporate officer who participates in the commission of a tort may be held personally liable

2026 NY Slip Op 06564, at the official text