Conspiracy as a Cause of Action in New York

In New York, you can’t sue someone just for conspiring to do something wrong unless an actual wrongful act occurred. Civil conspiracy isn’t a standalone claim—it has to be tied to a legal wrong like fraud, assault, or another actionable offense. But when two or more people work together with a shared plan to commit a wrongful act, and that plan causes real harm, a conspiracy claim can help hold everyone involved accountable. Here’s how it works.

An Agreement to Commit an Unlawful Act

The first requirement for a conspiracy claim is an agreement between two or more people to do something illegal or wrongful. This doesn’t mean they need to have a formal contract or even speak openly about it. What matters is that there was a mutual understanding to engage in conduct the law doesn’t allow. For example, if two employees secretly agree to falsify safety reports to hide violations, that could form the basis of this element.

An Injury Caused by an Overt Act

The second element requires more than just a bad idea—it requires action. One of the people involved in the conspiracy must take a real, concrete step to carry out the plan. This step is called an “overt act.” It could be anything from sending a fraudulent email to hiding physical evidence. Importantly, that act must cause some kind of harm to the plaintiff—be it financial, physical, or reputational. Without a resulting injury, there’s no valid claim.

The Overt Act Must Further the Agreed Plan

The third requirement ties the overt act back to the shared plan. It’s not enough that someone did something harmful—what they did must have been a direct effort to advance the conspiracy. In other words, the harmful act must be part of executing the original unlawful agreement, not some unrelated wrongdoing. If someone in the group goes off-script and does something harmful that the others didn’t agree to or anticipate, the conspiracy claim may fail.

Conclusion

A conspiracy claim in New York allows injured parties to hold all contributors to a wrongful scheme responsible—not just the person who delivered the final blow. But it’s not enough to show that people talked about doing something wrong. You must show a real agreement, an actual act carried out by someone involved, and a connection between that act and the agreed-upon plan. When all these elements are in place, conspiracy can be a powerful way to make sure no one escapes liability just because they stayed behind the scenes.

Find the Law

“The elements of conspiracy are: (1) an agreement to participate in an unlawful act; (2) an injury caused by an unlawful overt act performed by one of the parties to the agreement; (3) ‘which overt act was done pursuant to and in furtherance of the common scheme’. ( Lindsay v. Lockwood,163 Misc.2d 228, 234 [Sup Ct, Monroe County 1994], supra, citing Halberstam v. Welch,705 F.2d 472, 477 [DC Cir 1983].)” Cresser v. Am. Tobacco Co., 174 Misc. 2d 1, 7 n.4 (N.Y. Sup. Ct. 1997)