On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means, explaining:
Tortious interference with business relationships requires either that the offending party acted solely out of malice, that is, for the sole purpose of inflicting intentional harm on the complaining party, or used improper or illegal means that constituted a crime or independent tort or other egregious wrongdoing. Actions motivated by normal economic interest are insufficient to allege malice. Persuasion alone although it is knowingly directed at interference with a contract is not enough to constitute interference. Notably, where tortious interference is based on a defamatory statement, pleading in accordance with CPLR 3016 is required it is necessary to allege the time, place and manner of the false statement and to whom it was made. Pursuant to CLPR § 3016(b), when a cause of action such as tortious interference is based upon fraud or misrepresentation, the circumstances constituting the wrong shall be stated in detail.
The Counterclaim-Plaintiffs have failed to state a cause of action for tortious interference because they have failed to (i) allege that Clear Haven acted solely out of malice, and not normal economic interest, or that Clear Haven used improper means, and not mere persuasion, or that Clear Haven used illegal means and (ii) plead the allegations with the requisite particularity. As such, the counterclaim sounding in tortious interference with prospective business relationships is dismissed.
(Internal quotations and citations omitted).