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Applicable Contracts to a New York Tortious Interference Claim


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1/1/2016
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Similar to New York breach of contract claims, plaintiffs bringing actions for tortious interference with a contract must prove several factors in order to succeed in their action. These elements include:

  • Demonstrating a contract existed;
  • The defendant knew about it; and
  • The defendant purposely caused the third party to breach the agreement.


Therefore, at the very beginning of a New York contract interference claim, the plaintiff must prove a valid and applicable contract existed between the plaintiff and the third party.

A recent lawsuit involving a tortious interference of contract claim illustrates the required elements. In the lawsuit, a music talent management company is suing two former employees, alleging they influenced two of the company’s clients to breach their agreement with the company. To succeed in this lawsuit, the company must demonstrate that the contract between the company and its two clients was valid. A tortious interference claim also must involve an applicable type of contract. Third parties can be held liable for interference with contracts which are:

  • In full force and effect;
  • Legal, not involving an illegal bargain such as a contract to engage in theft; and
  • In compliance with public policy.


If the contract between the management company and its clients was valid and met the above requirements, the company could proceed with its claim. Tortious interference claims in New York require the guidance of an experienced professional who understands the complexities of this area of law. To learn more about these and other business litigation matters, contact a New York business litigation attorney today. Call our office at (888) 497-3410 for a free consultation.



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