Existing contracts versus expected business
New York treats interference with an existing, enforceable contract differently from interference with a relationship that had not yet become binding. Where a valid contract existed, the claim generally centers on whether the outsider knew of it and intentionally caused the other party to break it. Where the relationship was at-will or still prospective, courts usually require more culpable conduct, often described as wrongful means such as fraud or threats, rather than hard but ordinary competition. A party to the contract generally cannot be sued in tort for interfering with its own agreement; that is a breach of contract claim. These distinctions decide much of the case.
Evidence of what happened
Gather the contract, or the documents showing the relationship, such as purchase orders, proposals, or a history of repeat dealings. Collect communications showing when the other party's attitude changed and any mention of the third party's involvement. If customers or partners told you what the outsider said, keep any forwarded messages and tell your lawyer who said what and when. Financial records showing the revenue tied to the relationship help establish damages. Be careful about approaching the customer or the competitor for admissions, since that can invite defamation or other counterclaims; discuss any outreach with counsel first.
Assessing the claim before filing
Tortious interference claims are often pleaded alongside breach of contract, trade secret, or unfair competition claims, and a court may dismiss a tort claim that merely repackages a contract dispute. Defendants frequently argue that they acted to protect their own economic interest, which can be a defense in New York. In a first meeting we look at the relationship, the conduct, and the damages, and we assess whether the facts fit the claim for an existing contract or must meet the more demanding standard that applies to prospective relationships. We also consider counterclaim risk, insurance, and whether a demand letter or an injunction request makes sense. The goal is to bring the claim the facts actually support.
