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

Tortious Interference with a Prospective Business Relationship

“A claim for tortious interference with a prospective business relationship (i.e., an economic advantage) must allege: (1) the defendant’s knowledge of a business relationship between the plaintiff and a third party; (2) the defendant’s intentional interference with the relationship; (3) that the defendant acted by the use of wrongful means or with the sole purpose of malice; and (4) resulting injury to the business relationship. (534 E.11th St. Hous. Dev. Fund Corp. v Hendrick, 90 AD3d 541, 542 [1st Dept 2011], citing NBT Bancorp Inc. v Fleet/Norstar Fin. Group, Inc., 87 NY2d 614 [1996]).” Harman Agency, Inc. v. Wilhelmina Licensing, LLC, 2020 N.Y. Slip Op. 33409 (N.Y. Sup. Ct. 2020).

“While defamation can suffice as a wrongful means of interference, the claim for defamation must be pleaded with sufficient specificity. (Wolberg v IAI N. Am., Inc., 161 AD3d 468, 470 [1st Dept 2018].)” Harman Agency, Inc. v. Wilhelmina Licensing, LLC, 2020 N.Y. Slip Op. 33409 (N.Y. Sup. Ct. 2020).