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EVEMeta, LLC v. SIEMENS CONVERGENCE CREATORS CORP.

10219, 651484/16.

176 A.D.3d 612 (2019)

112 N.Y.S.3d 28

2019 NY Slip Op 07730

EVEMeta, LLC, Respondent-Appellant, v. Siemens Convergence Creators Corp. et al., Defendants, and Synacor, Inc., Appellant-Respondent.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Duke Holzman Photiadis & Greses, LLP, Buffalo ( Steven W. Klutkowski of counsel), for appellant-respondent.

Hughes Hubbard & Reed LLP, New York ( Hagit M. Elul of counsel), for respondent-appellant.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

As Synacor and plaintiff acknowledge, most of the issues in this appeal are governed by our prior decision (173 A.D.3d 551 [1st Dept 2019]).

Synacor contends that, even if the claim for tortious interference with contract was correctly upheld against defendant Siemens, it should be dismissed as against Synacor. This argument is unavailing, because it cannot be said that Siemens would have breached its contract with plaintiff without Synacor's participation (see...

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