On August 29, 2024, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer, 2024 NY Slip Op. 04349, upholding a non-solicitation provision . . . Continue reading Non-Solicitation Provision Upheld by First Department
On August 9, 2024, Justice Masley of the New York County Commercial Division issued a decision in Amtrust N. Am., Inc. v. Bozzomo, 2024 NY Slip Op. 32803(U), holding that a non-compete provision that prevented an employee from working in an industry was unenforceable . . . Continue reading Non-Compete That Prevented Employee from Working in Industry Unenforceable
On April 23, 2024, the First Department issued a decision in At Last Sportswear, Inc. v. Byron, 2024 NY Slip Op. 02135, holding that breach of loyalty and breach of an employment contract claims were not duplicative . . . Continue reading Breach of Loyalty and Breach of Employment Contract Claims Not Duplicative
On March 28, 2024, Justice Boddie of the Kings County Commercial Division issued a decision in L&M Pilates Brooklyn Mgmt, LLC v. Lerner, 2024 NY Slip Op. 50344(U), holding that a non-compete provision with no time limitation was unreasonable and thus unenforceable . . . Continue reading Non-Compete Provision of Unlimited Duration Found to be Unforceable
On September 28, 2023, Justice Boddie of the Kings County Commercial Division issued a decision in Farro v. Schochet, 2023 NY Slip Op. 33394(U), holding that the faithless servant doctrine does not permit recoupment of income related to work untainted by the unfaithful misconduct . . . Continue reading Faithless Servant Doctrine Does Not Permit Recoupment of Income Related to Work Untainted by Misconduct
On September 14, 2023, Justice Crane of the New York County Commercial Division issued a decision in Columbia Tech. Corp. v. Yoo, 2023 NY Slip Op. 33205(U), holding that under the faithless servant doctrine, the defendant had to repay the salary he had been paid, explaining: Continue reading Defendant Must Repay Salary under Faithless Servant Doctrine
On July 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in B N Textile Inc. v. Alhalabi, 2023 NY Slip Op. 32335(U), holding that a defendant’s solicitation of a former employer’s customers could be wrongful if it was a continuation of wrongful conduct while the defendant was an employee . . . Continue reading Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee
On April 19, 2023, the Second Department issued a decision in Parker Waichman, LLP v. Mauro, 2023 NY Slip Op. 02014, holding that the faithless servant doctrine does not prevent an employee from preparing to leave her employer . . . Continue reading Faithless Servant Doctrine Does Not Prevent Employee From Preparing to Leave Employer
On October 5, 2022, Justice Masley of the New York County Commercial Division issued decision in AJ Wealth Strategies, LLC v. Smoose, 2022 NY Slip Op. 33400(U), refusing to enforce an overbroad restrictive covenant . . . Continue reading Over-Broad Restrictive Covenant Unenforceable
On October 13, 2022, the First Department issued a decision in Molnar v. Greentech Capital Advisors, L.P., 2022 NY Slip Op. 05757, holding that equity-based compensation did not constitute “wages” within the meaning of Labor Law § 190(1) . . . Continue reading Equity-Based Compensation Not Wages Within the Meaning of Labor Law § 190(1)
