April 7, 2011

Tortious interference with a contract.

Practice point: Plaintiff must allege the existence of a valid contract with a third party; defendant's knowledge of the contract; defendant's intentional procurement of the third party's breach, without justification; and damages.

Students should note that plaintiff must specifically allege that, but for defendant's conduct, there would have been no breach. 

Ferrandino & Son, Inc. v. Wheaton Bldrs., Inc., LLC, NY Slip Op 02346 (2d Dept. 2011).


Tomorrow's issue is appellate practice.