On October 12, 2023, the First Department issued a decision in Lucas v. Verizon Communications, Inc., 2023 NY Slip Op. 05190, dismissing a claim for tortious interference with prospective business relations on summary judgment for lack of evidence of wrongful means, explaining:
Verizon established as a matter of law that plaintiff could not sustain his cause of action for tortious interference with prospective business relations, as the record presents no evidence that Verizon used wrongful means to interfere with a business relationship or that its actions arose solely from malice — a necessary element of the cause of action.
Although plaintiff contends that Verizon wrongfully threatened litigation against him to enforce the noncompete provision, the wrongful means element of the cause of action is satisfied only where the threatened lawsuit is frivolous. In light of the above facts, and considering that Verizon has successfully enforced a similar noncompete provision in the past, there was an objectively reasonable basis to believe that the provision in its agreement with plaintiff was enforceable. Supreme Court’s finding that the noncompete provision was likely unenforceable in previously denying a temporary restraining order was not sufficient to negate that basis.
Furthermore, the record does not support plaintiff’s argument that Verizon took its legal position solely out of a personal dislike for plaintiff, or solely by a desire to harm him. On the contrary, the record shows that Verizon’s actions were motivated by economic self-interest.
(Internal quotations and citations omitted).