On June 22, 2023, the First Department issued a decision in Talking Capital Windup LLC v. Omanoff, 2023 NY Slip Op. 03424, holding that an unclean hands defense was not available for claims unrelated to the claims in suit, explaining:
The defense of unclean hands also does not apply because Reifler’s misconduct does not directly relate to this litigation, which involves a claim that the Omanoff Defendants misappropriated a corporate opportunity that belonged to plaintiffs.
(Internal citations omitted).