Tortious Interference With Business Relations Claim Dismissed for Lack of Factual Allegations of Wrongful Conduct

On February 14, 2023, Justice Masley of the New York County Commercial Division issued a decision in Crewfacilities.com, LLC v. City of New York, 2023 NY Slip Op. 30462(U), dismissing a tortious interference with business relations claim for lack of factual allegations of wrongful conduct, explaining:

To state a claim for tortious interference with business relations, a plaintiff must allege (1) that it had a business relationship with a third party; (2) that the defendant knew of that relationship and intentionally interfered with it; (3) that the defendant acted solely out of malice or used improper or illegal means that amounted to a crime or independent tort; and (4) that the defendant’s interference caused injury to the relationship with the third party. To support such a claim, it must be alleged that defendant’s conduct was motivated solely by malice or to inflict injury by unlawful means going beyond mere self-interest or other economic considerations. Further, any conduct constituting ‘wrongful means’ must be directed at the third parties with whom plaintiff sought to have the relationship.

Crew fails to allege that defendants acted solely with malice with the purpose of harming Crew or that defendants conduct amounted to crime or independent tort. Crew’s allegation that NYCEM acted intentionally, using dishonest, unfair and improper means, to interfere with Crew’s otherwise positive and fruitful relationship with HotelEngine is insufficient to support this claim.

(Internal quotations and citations omitted).

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