On August 6, 2025, the Second Department issued a decision in Parker Waichman, LLP v. Chaikin, 2025 NY Slip Op. 04580, holding that a tortious interference claim can be based on the breach of an attorney disciplinary rule, explaining:
Contrary to the plaintiff’s contention, a violation of an attorney disciplinary rule, as alleged in the proposed counterclaim alleging tortious interference with prospective business relations, may create liability if actual damages are incurred as a result of the violating conduct. Further, the defendant sufficiently identified the third parties with whom the plaintiff allegedly interfered, and the third parties’ names allegedly were in the plaintiff’s possession. Accordingly, the Supreme Court providently exercised its discretion in granting that branch of the defendant’s motion which was pursuant to CPLR 3025(b) for leave to amend his answer to assert a counterclaim alleging tortious interference with prospective business relations.
(Internal quotations and citations omitted).