Practice point: Plaintiff's claim of tortious interference with prospective economic advantage is insufficient as a matter of law when the complaint fails to establish that defendant acted solely to harm plaintiff by unlawful means beyond mere self-interest or other economic considerations.
Practitioners should note that there is no tortious interference when plaintiff had a fee dispute with defendant, and defendant told a third party not to conduct business with plaintiff until the fee dispute was resolved.
Case: Phillips v. Carter, NY Slip Op 00261 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Contracts.
