A state law cause of action is preempted by section 301 of the Labor-Management Relations Act (29 USC § 185) “if it depends upon an interpretation of the CBA for its resolution” (Harris v Hirsh, 86 NY2d 207, 211 [1995]; see Lingle v Norge Div. of Magic Chef Inc., 486 US 399, 405-406 [1988]). Here, to recover on her state law cause of action alleging tortious interference with contract, the plaintiff must show the existence of a valid contract between her and a third party, the defendant’s knowledge of that contract, the defendant’s intentional procurement of the third party’s breach of the contract without justification, actual breach of the contract, and damages resulting therefrom (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424 [1996]; Miller v Theodore-Tassy, 92 AD3d 650, 651 [2012]). Since an essential element of the plaintiff’s cause of action is that UPS actually breached the CBA, resolution of the cause of action requires an interpretation of the CBA to determine whether the plaintiffs termination was justified and procedurally proper under the provisions of the CBA. Therefore, the cause of action is preempted by federal law (see Lingle v Norge Div. of Magic
The plaintiffs remaining contentions are without merit (see Kirilescu v American Home Prods. Corp., 278 AD2d 457, 457-458 [2000]; Nyack Hosp. v Progressive Cas. Ins. Co., 296 AD2d 482, 484 [2002]).
Accordingly, the Supreme Court erred in denying the defendant’s motion for summary judgment dismissing the complaint. Angiolillo, J.E, Dickerson, Belen and Miller, JJ., concur.