- Posted: May 13, 2022 / Commercial Division Blog
Restrictive Covenant Preventing Employee from Working for a Competitor Overly Broad and Not Necessary to Protect Legitimate Interest
On April 5, 2022, Justice Chan of the New York County Commercial Division issued a decision in Mission Capital LLC v. Javich, 2022 NY Slip Op 31162(U) holding that a motion seeking to prevent a former employee from working at a competitor should be denied, despite the existence of a restrictive covenant, where enjoining the employee from working at the competitor was broader than necessary to protect the employer’s business interests. Read More
- Posted: May 11, 2022 / Commercial Division Blog
Affirmative Defense that Agreement was Void Due to Lack of Consideration Should Be Dismissed Where Party Only Alleges Failure of Performance
On April 4, 2022, Justice Borrok of the New York County Commercial Division issued a decision in 3B Assoc. LLC v eCommission Solutions, LLC, 2022 NY Slip Op 31184(U), holding that summary judgment must be granted against a defendant’s affirmative defense that a contract was void due to lack of consideration where the record showed that the alleged missing consideration was merely an allegation that the plaintiff failed to provide services under the terms of the contract. Read More
- Posted: May 11, 2022 / Commercial Division Blog
Written by: Jeffrey M. EilenderSchlam Stone & Dolan Partner Jeffrey M. Eilender Discusses How to Secure Advances to Fund Legal Fees
Your client is a director or officer of a company and is sued by either a third party or the company… Read More
- Posted: May 9, 2022 / Commercial Division Blog
Foreign Bank’s Submission of Trading Data to Internet Platforms Not Sufficient to Trigger Jurisdiction of New York’s Long Arm Statute
On April 13, 2022, Justice Crane of the New York County Commercial Division issued a decision in Qatar v. First Abu Dhabi Bank Pjsc, 2022 NYLJ LEXIS 410, holding that a motion to dismiss against a foreign bank for lack of jurisdiction should be granted where the only contacts the bank had with New York were allegedly submitting quotes to globally accessible internet trading platforms and the maintenance of two correspondent bank accounts in the state. Read More
- Posted: May 6, 2022 / Commercial Division Blog
Tortious Interference Claim Fails When Alleged Interference Is Incidental to Lawful Purpose
On March 22, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Kind Operations Inc. v. AUA Private Equity Partners, LLC, denying a motion for leave to add a tortious interference claim because the proposed pleading failed to adequately allege lack of justification, explaining: Read More
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