Tortious Interference Claims Against Corporate Officers In New York
New York Courts have routinely dismissed tortious interference claims against corporate officers or directors where the allegations pertain to actions taken by officers and directors in their corporate capacities. See, e.g., S.F.P. Realty Corp. v. G.S. Rockaway Development, 206 AD2d 417, 614 N.Y.S.2d 443 (2d Dept. 1994), Petkanas v. Kooyman, 303 AD2d 303, 759 N.Y.S.2d 1 (1st Dept. 2003).
In Petkanas v. Kooyman, 303 AD2d 303, 759 N.Y.S.2d 1 (1st Dept. 2003), the Court stated that the enhanced pleading standard requires a particularized pleading of allegations that acts of the corporate officers either were beyond the scope of their employment or, if not, were motivated by their personal gain, as distinguished from gain for the corporation. Id. at 305.