On October 14, 2026, the Second Department issued a decision in Vashovsky v. Zablocki, 2026 NY Slip Op. 05993, holding that a claim for tortious interference with prospective economic advantage claim failed for lack of adequate allegations of wrongful means or malice, explaining:
To establish a claim of tortious interference with prospective economic advantage, a plaintiff must demonstrate that the defendant’s interference with its prospective business relations was accomplished by wrongful means or that the defendant acted for the sole purpose of harming the plaintiff. As a general rule, such wrongful conduct must amount to a crime or an independent tort, and may consist of physical violence, fraud or misrepresentation, civil suits and criminal prosecutions. Here, the fifth amended complaint failed to sufficiently allege that the defendants’ actions were meant solely to harm the plaintiff or constituted wrongful means. Accordingly, those branches of their motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging interference with a prospective economic advantage should have been granted.
(Internal quotations and citations omitted).