BLACK DIAMOND CAPITAL MANAGEMENT, LLC v. OPPENHEIMER MASTER LOAN FUND, LLC

9661, 652519/15.

173 A.D.3d 549 (2019)

2019 NY Slip Op 04890

Black Diamond Capital Management, LLC, et al., Respondents, v. Oppenheimer Master Loan Fund, LLC, et al., Defendants, and Eaton Vance Corp., et al., Appellants.

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

Decided June 18, 2019.


Summary judgment was correctly denied as to plaintiffs' tortuous interference with contract claim against Eaton. Issues of fact remain as to whether the right of first refusal (ROFR) upon which Eaton relies was a valid and enforceable agreement, whether Eaton knew about plaintiff's agreement with the Oppenheimer defendants when it exercised the ROFR, and whether Eaton was justified in interfering with plaintiffs' agreement with the Oppenheimer defendants (Lama Holding...

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