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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…

Corporate Transparency Act

One of the most anticipated new laws that will impact every business in 2024 is the Corporate Transparency Act (or the CTA).  The CTA was enacted on January 1, 2021 as part of the National Defense Authorization Act and went into effect on January 1, 2024.  It is the latest…

Governor Hochul Vetoes Proposed New York Law Banning Use of Non-Compete Agreements

Governor Hochul has vetoed legislation that would have imposed a ban on the use of non-compete agreements in the State of New York.  The New York legislation outlawing restrictive covenants was passed by the Legislature on June 20, 2023, and vetoed by the Governor on December 22, 2023.  The legislation…

Six Attorneys Elevated to Partnership

Noreen Chen, Kathleen Farrell, Nicole Milone, Darren Stakey, Penni Stathakos and Yuliya Viola were elevated to the partnership at Certilman Balin Adler & Hyman, LLP, effective January 1, 2024. Chen was previously Of Counsel to the firm, and the other attorneys were previously Associates. Noreen Chen, Partner in the Commercial…