Alexander Klein Wins Years-Long Commercial Case That Traveled Through The Trial Courts, The Appellate Division, And Back

In 2014, a corporate plaintiff sued one of its alleged competitors and one of that company’s employees.  The plaintiff asserted a variety of claims—including, among others, misappropriation of trade secrets, tortious interference with contract, and breach of fiduciary duty.  It claimed at least $700,000 in damages.  Originating in Queens County, the case went to the Appellate Division—where the Court affirmed the dismissal of all causes of action against Barket Epstein’s client, the corporate defendant.  But the Court preserved two claims against the defendant company's employee.

Barket Epstein then filed a new motion to dismiss in Queens County, seeking dismissal of all remaining claims against the employee.  And in response, after years of litigation, the corporate plaintiff finally capitulated.  On April 25, 2018, the plaintiff agreed to discontinue the action.  The case, therefore, ends without Barket Epstein’s clients being found liable on any of the causes of action asserted against them.  Their business can now move forward outside the shadow of this litigation.