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Contractor’s Lawsuit Aided by Former Managing Agent -- Thwarted

July 2013 Settlement of Interest

We represented a building owner who was being sued for $150,000.00 in work allegedly performed at its Manhattan commercial building by a contractor (“the Contractor”).  The tricky part was that the owner had no witnesses from that period of time with personal knowledge of the interaction between the Contractor and former managing agent who the owner had also litigated with (“the Managing Agent”).  It appeared that the Managing Agent was in cahoots with the Contractor.
 
During discovery it became apparent that Managing Agent, who had made the agreement with the Contractor in the first place, had aided and abetted the Contractor’s prosecution of the lawsuit.  Such assistance appears to have violated his own settlement agreement with the owner, in which the Managing Agent represented that he and his company “will not aid, abet or assist in any manner whatsoever any other third party in filing, pursuing or maintaining any lawsuit, complaint, or charge against any of the Plaintiffs Releasees, except if compelled to do so by valid legal process or if otherwise required to do so by law.”  Good catch.
 
The case settled after a jury was selected on terms very favorable to the owner.

Kim v. Wasserstein Enterprises, Supreme Court, New York County, Index No. 100819/2009.

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