Certified Site Safety of N.Y. LLC and its affiliated companies (the "plaintiffs") had entered into a working arrangement with defendants Joseph Castillo and Menotti Enterprise LLC (the "defendants"). Their working relationship was governed by written contracts which included provisions restricting the defendants from engaging in the type of activities that they were contracted to perform for the plaintiffs. On December 6, 2017, this restriction or "non-compete" provision was the basis of a substantial jury verdict before the Honorable Alan Scheinckman in the Commercial Part of Westchester County Supreme Court.
While under contract with the plaintiff and during the period of restriction, the defendants surreptitiously performed the identical site safety construction services with plaintiffs' competitors that they were performing for the plaintiffs. This breach of their agreement with the plaintiffs had been ongoing for a considerable period of time as the defendants took significant steps to conceal their activities, including the use of multiple aliases and email addresses.
The case was particularly challenging because our office inherited it on short notice immediately before trial without the benefit of any depositions having been conducted. Depositions are probably the most important discovery tool in a lawyer's arsenal. They enable you to understand what the adversary parties are likely to testify about at trial and thus enable you to prepare your trial accordingly. Fortunately, and notwithstanding the absence of this very important discovery device, there was sufficient documentary evidence to provide a framework for an effective cross examination and ultimately a successful result.
The language of the contracts was certainly a critical factor for the plaintiffs which is why generally speaking their initial drafting, when there is no dispute pending, must be as comprehensive as possible because ultimately it is that language which forms the groundwork for a party's remedy in the event of a breach.
The end result? Another one for the good guys!
As always, please feel free to reach out with any comments or legal questions you might have.
Sincerely,
Mario Biaggi Jr.
212-233-8000