Opinion
February 2, 1995
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
We find that the IAS Court, in dismissing the plaintiffs' complaint seeking monetary damages for tortious interference with contract, properly determined that the plaintiffs had failed to establish that defendant Sony had "intentionally induced" a breach of the Recording Artist Agreement between the plaintiffs and recording artist "Stevie B.", a crucial element of a claim for tortious interference (see, Click Model Mgt. v. Williams, 167 A.D.2d 279, lv denied 77 N.Y.2d 805). The record reveals that Stevie B. voluntarily sent a July 2, 1990 Notice of Termination to plaintiffs citing what he perceived to be plaintiffs' pre-existing breaches and formally declaring that he considered their agreements to be "void ab initio and of no force and effect", and, two months thereafter, independently solicited and initiated discussions concerning a new recording agreement with numerous record companies, including defendant Sony, which subsequently resulted in his $1.6 million recording contract with Sony (Tayeh v. Intercoastal Capital Corp., 176 A.D.2d 719, 720; State Enters. v. Southridge Coop. Section 1, 18 A.D.2d 226).
We have reviewed plaintiffs' remaining claims and find them to be without merit.
Concur — Wallach, J.P., Rubin, Kupferman and Tom, JJ.