You are here: / / Statement Protected by “Common Interest Privilege,” Tortious Interference A...
, ,

Statement Protected by “Common Interest Privilege,” Tortious Interference Action Can Only Be Brought Against a Stranger to the Contract

The First Department affirmed the dismissal of a complaint alleging defamation and tortious interference with contract.  The court explained that the statement made by a management employee was protected by the common interest privilege and only a stranger to a contract can bring a tortious interference claim:

Defendant…’s statement that plaintiff was “deliberately sabotaging” defendant[‘s] IT redesign project was protected by the common-interest privilege because it constituted a communication “made to persons who have some common interest in the subject matter” …, namely, the people working on the IT system redesign. The statement is also protected as one made by a “management employee[] having responsibility to report on the matter in dispute” … . Plaintiff’s allegations of malice, in an effort to overcome the common-interest privilege, amount to little more than “mere surmise and conjecture” … .

Plaintiff’s tortious interference claims … were also properly dismissed. “It is well established that only a stranger to a contract, such as a third party, can be liable for tortious interference with a contract” … . Ashby v ALM Media LLC, 2013 NY Slip Op 06497, 1st Dept 10-8-13

 

You might also like
DEFENDANT DEMONSTRATED IT TOOK ADEQUATE MEASURES TO KEEP THE FLOOR DRY, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED (FIRST DEPT).
THE RECORD DID NOT DEMONSTRATE COMPLIANCE WITH THE WAIVER-OF-INDICTMENT PROCEDURE, A JURISDICTIONAL DEFECT; PLEA VACATED; PLEA TO A SUBSEQUENT INDICTMENT INDUCED BY A CONCURRENT SENTENCE PROMISE VACATED AS WELL (FIRST DEPT).
PLAINTIFF WAS INJURED WHEN UNSECURED FENCE PANELS FELL ON HIM; HIS INJURIES ARE COVERED UNDER LABOR LAW 240(1) (FIRST DEPT). ​
DEUTSCHE BANK BREACHED CREDIT DEFAULT SWAP AGREEMENTS.
THE EX PARTE ORDER ALLOWING THE PROSECUTOR TO SEIZE AND READ DEFENDANT’S NON-LEGAL MAIL DID NOT REQUIRE DISQUALIFICATION OF THE PROSECUTOR OR A MISTRIAL; THE PROSECUTOR’S DEMONSTRATION OF THE OPERATION OF THE MURDER WEAPON (A KNIFE) DID NOT WARRANT A MISTRIAL; AND THE FAILURE TO NOTIFY THE COURT AND THE ATTORNEYS OF THE JURY NOTE REQUESTING THE EXAMINATION OF THE KNIFE WAS NOT AN O’RAMA VIOLATION AND DID NOT WARRANT A MISTRIAL (FIRST DEPT).
Supreme Court Does Not Have the Power to Dismiss a Complaint for Delay in Prosecution Absent 90-Notice (CPLR 3216)
PUTBACK ACTION STEMMING FROM THE PURCHASE OF RESIDENTIAL MORTGAGE BACKED SECURITIES SURVIVED MOTIONS TO DISMISS.
NONSIGNATORY WHICH RECEIVED A DIRECT BENEFIT FROM AN AGREEMENT WITH AN ARBITRATION PROVISION IS SUBJECT TO ARBITRATION (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Affirmative Defense of Recoupment Not Extinguished by Bankruptcy Sale No Element of Intent in Constructive Possession of Contraband