FOSTER v. CHURCHILL


87 N.Y.2d 744 (1996)

665 N.E.2d 153

642 N.Y.S.2d 583

Mark Foster et al., Appellants, v. Richard H. Churchill, Jr., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 26, 1996.


Attorney(s) appearing for the Case

Miller & Wrubel, P. C., New York City (Joel M. Miller, Charles R. Jacob III and John T. Corcoran of counsel), for appellants.

Curtis, Mallet-Prevost, Colt & Mosle, New York City (T. Barry Kingham, Michelle A. Rice and Laleh Ispahani of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

The issues presented by this appeal are (1) whether the Appellate Division erred in concluding that appellants had not established a claim of tortious interference and (2) whether the Appellate Division erred in affirming the dismissal of appellants' defamation claim.

Appellants Mark Foster and Don Franco are the founders and former chief executive officers of defendant Microband

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