Court Dismisses Tortious Interference Claim Brought Against Corporate Officer For Lack Of Allegations Supporting Malice

Posted: September 29, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Channing J. Turner, Joshua Wurtzel, Samuel L. Butt / Categories Tortious Interference, Breach of Contract

Court Dismisses Tortious Interference Claim Brought Against Corporate Officer For Lack Of Allegations Supporting Malice

On July 28, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with contract brought against a corporate officer due to a lack of allegations suggesting the officer was motivated “solely by malice.” In EMC Presents Delphi LLC v. Delphi Studios LLC, et al., Index No. 655192/2024, Plaintiff EMC sued Delphi Studios in connection with the failed financing of an entertainment business venture. One of EMC’s claims alleged that Andrea Jacobs, a principal at Delphi Studios, tortiously interfered with EMC’s financing contract and relationship with a third party financer. The Court held, however, that EMC had failed to meet the “enhanced pleading standard” triggered by Jacobs’s status as a corporate officer at Delphi Studios. The Court explained:

In such cases, plaintiff must allege that the officer or agent acted "outside the scope of [its] authority," or that it "personally profited from [its] acts" . . . This typically requires pleading that the corporate officer or agent was motivated "solely by malice" or otherwise had committed independent torts and/or predatory acts directed at another. . . . Here, the crux of EMC's tortious interference claim is that Jacobs intentionally interfered with EMC's contractual rights by refusing to turn over documents to which EMC is entitled under the Operating Agreement and preventing Delphi Studios from refunding $10 million due under the Side Letter. . . . EMC, however, fails to allege any facts that support even an inference that Jacobs was motivated by malice or that her conduct constituted an independent tort or predatory act.

Notwithstanding dismissal of EMC’s tortious interference claim, the Court allowed EMC’s other claims to proceed, finding that it had personal jurisdiction over Jacobs.

The attorneys at Schlam Stone & Dolan have extensive experience with tortious interference claims and disputes between business partners. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning such issues.