Justice Francesca Connolly
Commercial tenant Splash LLC, who operated a car wash at the premises, alleged causes of action for tortious interference with business relations, among other things, against landlord. Splash entered into a new lease for nearby premises, while still at their current premises, with the intention of moving and reestablishing the business at that location. Splash argued defendants’ actions delayed municipal hearing and approval process of required permits, resulting in the new location not being ready. Defendants cross-moved for dismissal arguing a failure to state a cause of action. The court denied Splash’s motion for injunctive relief enjoining defendants from evicting them from their existing place of business during the pendency of this action, stating Splash failed to establish such entitlement. Yet, it stated, assuming the allegations were true, the complaint stated a cause of action for tortious interference with prospective business relations. It was alleged defendants funded frivolous opposition to plaintiffs’ land use approvals, abused their status as plaintiffs’ landlord and told plaintiffs’ customers and employees plaintiff would be out of business soon. Thus, Splash sufficiently alleged defendants employed wrongful means to interfere with plaintiffs’ prospective economic relations.
