BARRETT LP v. Nabil Shawwa, et al., Defendants. (2007)

Order, Supreme Court, New York County (Richard B. Lowe III, J.), entered October 24, 2006, which granted defendants' motion for summary judgment dismissing the seventh and eighth causes of action in the amended complaint, unanimously affirmed, with costs.

 Regarding the cause of action for tortious interference with contract, defendants' conduct was justified by their clear economic interest in not having Delma's largest investor and director deal with plaintiff, a terminated senior executive, until his disputes with Delma were resolved (see Felsen v. Sol Cafe Mfg. Corp., 24 N.Y.2d 682, 687, 301 N.Y.S.2d 610, 249 N.E.2d 459 [1969] ).   In light of such justification, plaintiff cannot demonstrate, in connection with his cause of action for interference with prospective business relations, that defendants were motivated “solely” by actual malice.   The conduct, which involved persuasion rather than undue economic pressure, did not employ wrongful means (see Carvel Corp. v. Noonan, 3 N.Y.3d 182, 189-191, 785 N.Y.S.2d 359, 818 N.E.2d 1100 [2004] ).

We have considered plaintiff's other contentions and find them unavailing.