On November 3, 2022, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours, Inc., 2022 NY Slip Op. 06186, holding that a tortious interference with prospective business relations claim failed for lack of allegations of conduct amounting to a crime or an independent tort, explaining:
Likewise, the counterclaim for tortious interference with prospective business relations, which is based on allegations of wrongful economic pressure, fails to state a cause of action. The wrongful means underlying the counterclaim is based upon counterclaim defendants’ alleged violations of the Donnelly Act — specifically, that with the goal of reducing competition in the tour bus market, they falsely disparaged Go New York to the various tourist attractions and threatened to stop doing business with them if the attractions did business with Go New York. However, as noted above, and as Supreme Court found, Go New York failed to state a claim under the Donnelly Act. Further, there were no other allegations that counterclaim defendants’ conduct amounted to a crime or an independent tort, or that the means they allegedly used to interfere with Go New York’s business were sufficiently extreme and unfair so as to constitute wrongful means. The counterclaims also did not allege that the sole purpose of counterclaim defendants’ actions was a desire to intentionally inflict harm on Go New York.
(Internal quotations and citations omitted).