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Litigators Obtain Contempt Holding on behalf of Fashion School Client Against Former Executive

On December 22, 2021, Judge Andrew Borrok of the Commercial Division, Supreme Court of the State of New York, County of New York, granted the Firm’s client’s motion for contempt and to strike Defendant’s answer in an action brought by the Plaintiff/client, a New York City fashion school, against its former chief executive for breach of fiduciary duty, declaratory judgment and a permanent injunction. The Court held that the defendant former officer had spoliated evidence, made false representations to the Court and attempted to avoid his discovery obligations. With liability decided in favor of the client fashion school, the only remaining issue to be decided is the amount of monetary damages, which exceed $20 million.  Kane Kessler attorneys Arthur Rosenberg and Jonathan Sabin are involved in the case.

 

This memo is provided for informational purposes only. It is not intended as legal advice and readers should consult counsel to discuss how these matters relate to their individual circumstances.