You searched for: "Labor and Employment Law"
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July 2, 2025
Motion To Dismiss Granted In Part Based On Forum Selection Clause And Duplicative Nature Of Quasi-Contract Claims
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On May 19, 2025, Justice Andrea Masley granted in part Defendants’ motion to dismiss causes of action under employment-related agreements to engage in the purchase, operation, and sale of various shipping vessels. The case is Kasselakis v. Tiptree, Inc., Index No. 653395/2024. Read More
July 31, 2024
Motion To Compel Arbitration Granted, Action Stayed As To Non-Signatory To Agreement to Arbitrate
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On July 5, 2024, Justice Margaret A. Chan granted a motion to compel arbitration and elected to stay, rather than dismiss, claims brought by a non-signatory to the arbitration agreement. Berley v. Walter & Samuels, Index No. 653205/2023. Read More
June 21, 2024
Court Denies Motion To Dismiss Labor Law Claim
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On May 5, 2024, Justice Andrew Borrok denied defendant’s motion to dismiss defendant’s counterclaim under New York Labor Law. In FF Venture Capital, LLC v. Adam J. Plotkin, RDWC, LLC, Index No. 651314/2023, defendant claimed that plaintiff withheld his compensation and alleged violation of Labor Law § 193. The Court explained that such allegations stated a claim: Read More
March 9, 2022
Mezzanine Lender Cannot Prevent Mortgage Lender From Foreclosing on Real Property
On February 14, 2022, Justice Andrew Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 N.Y. Slip Op. 30488(U), holding that, absent a controlling clause in an intercreditor agreement, a mezzanine lender had no basis to contest the mortgage lender's right to foreclose on the real property securing the mortgage loan, explaining: Read More
September 3, 2021
Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op… Read More
September 1, 2021
Worker Injured While Replacing Fan in Building that Required Replacement "All the Time" Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. … Read More
January 23, 2021
Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
October 21, 2020
Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
August 5, 2020
Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
July 29, 2020
Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
June 23, 2020
Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
June 1, 2020
Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
April 29, 2020
Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
March 17, 2020
Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
February 12, 2020
Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
February 23, 2019
Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
September 13, 2018
Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
January 17, 2018
Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service
On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Mo… Read More
October 28, 2017
Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
June 21, 2017
Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith
On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY … Read More
