MANHATTAN (CN) – A job-seeker cannot sue an attorney for fraud and tortious interference with prospective business advantage because he didn’t get the recommendation he wanted for a job, a New York appeals court ruled.
John Carl sued attorney Joel Cohen after he was not hired, blaming Cohen for the rejection, the ruling states. But Carl failed to prove that Cohen’s allegedly fraudulent conduct had been targeted at a specific third party, to back up his tortious interference claim; or that the third party would have hired the plaintiff had Cohen not engaged in the alleged misconduct, the ruling states.
Carl also failed to show that Cohen was solely motivated by a desire to harm Carl.
The appellate panel also found that Carl’s fraud claim was nearly identical to his legal malpractice claim. The five-judge panel affirmed the New York County Supreme Court decision to throw out the case.