Lawley Service, Inc. v. Progressive Weatherproofing, Inc.

Pigott, Jr., P.J., and Kehoe, J. (dissenting).

We respectfully dissent because we cannot agree with the majority that there is a triable issue of fact with respect to plaintiffs alleged tortious interference with contract. We therefore would reverse and grant plaintiffs motion for summary judgment dismissing the counterclaim.

The elements of tortious interference with contract are, inter *979alia, the existence of a valid contract between defendant and a third party, plaintiffs intentional and unjustified procurement of the third party’s breach of the contract, and the actual breach of the contract…