MATTESICH v. HAYGROUND COVE

Plaintiff alleges that HCAM, his former employer, breached a nondisparagement agreement, and that, as a result, he was denied a position that he would have otherwise been offered. Defendants however submitted deposition testimony from members of the prospective employer who stated, inter alia, that although plaintiff was under consideration for employment, it was by no means certain that he would have been offered the position. Plaintiff would be unable to prove damages, and thus has no viable claim under a theory of either breach of contract ( see Arts4All, Ltd. v Hancock, 5 AD3d 106, 108; Gordon v Dino De Laurentiis Corp., 141 AD2d 435, 436), or tortious interference with prospective economic advantage ( see Slatkin v Lancer Litho Packaging Corp., 33 AD3d 421; American Preferred Prescription v Health Mgt., 252 AD2d 414, 418-419).