Tortious Interference with Prospective Business Relations as a Cause of Action in New York

Tortious Interference with Prospective Business Relations

“A claim for tortious interference with prospective business advantage must allege that: (a) the plaintiff had business relations with a third party; (b) the defendant interfered with those business relations; (c) the defendant acted with the sole purpose of harming the plaintiff or by using unlawful means; and (d) there was resulting injury to the business relationship. (Thome v Alexander & Louisa Calder Found., 70 A.D.3d 88 [1st Dept 2009].) To plead the element of unlawful means, the defendant’s conduct must amount to a crime or an independent tort. (Carvel Corp. v Noonan, 3 N.Y.3d 182, 190 [2004].)” Earthlink, LLC v. Charter Commc’ns Operating, LLC, 2022 N.Y. Slip Op. 31177 (N.Y. Sup. Ct. 2022).