As a general principle, only a non-party to a contract can be liable for tortious interference. At issue in the line of cases applying this principle is either a bilateral contract or a contract under which all defendants have the same obligations. The principle does not apply if the inducing party is subject to contractual duties that are different from those it allegedly encouraged another contracting party to breach. When breaching and inducing parties have different rights and duties, the plaintiff may plead tortious interference in order to make it whole.
Arena Invs., L.P. v. DCK Worldwide Holding Inc., NY Slip Op 02476 (1st Dep't May 9, 2023)
