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Second Department Clarifies Law Relating to Restrictive Covenants in Ordinary Commercial Contracts

Recently, in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, 2024 N.Y. Slip. Op. 01744 [2d Dep’t Mar. 27, 2024], the Second Department had the opportunity to consider an issue that was not extremely developed in New York case law, specifically the factors to consider when evaluating the enforceability of…

Limitations on Third-Party Actions in Breach of Contract Actions

Pursuant to CPLR § 1007, a defendant may seek indemnification and/or contribution from a third party who may be liable to the defendant for all or part of the plaintiff’s claim.  See Galasso, Langione & Botter, LLC v. Liotti, 81 A.D.3d 880, 883 [2d Dep’t 2011].  However, a defendant in…