Tortious interference in New York

Elements

1. 1

   Protected relationship or expectancy

   A contract, or a business relationship with a reasonable probability of future economic benefit.

2. 2

   Knowledge

   The defendant knew about that relationship.

3. 3

   Intentional interference

   The defendant deliberately and unjustifiably caused a breach or a break-up of the relationship.

4. 4

   Damage

   The plaintiff lost the deal, the customer, or the economic benefit.

Burden of proof

Preponderance of the evidence. Some jurisdictions require a higher showing of malice or lack of justification.

A New York fact pattern

A garment-district supply contract is broken after a competitor, knowing of the exclusive, threatens the mill with loss of a larger account. New York wants an existing valid contract plus intentional procurement of the breach without justification.