JOSEPH ANTHONY DEMPSEY
ATTORNEY & COUNSELOR-AT-LAW
News
SLAPP Victory
NY Appellate Division, First Department
Sharp v Bar Fluid LLC, et al. (2023-05868)
April 24, 2025
Unanimous reversal of the trial court, dismissing all abuse of process and defamation claims, dismissing the third-party action against plaintiff's counsel for filing the underlying whistleblower complaint and for public comment before government entities, and ordering attorneys' fees and costs.
The underlying action sounded in the wrongful termination of one the three founders of a popular New York City nightclub, after he conveyed staff reports of misconduct by one of the partners to the managing partner.
Action for Rent Arrears Discontinued
Westchester County Supreme Court
Persaud v Constantine (71666/2023)
July 30, 2024
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Tenant alleged that after forming a tenant association and filing a housing court repair action, landlord engaged in a pattern of harassment and retaliation, ultimately forcing her out of her rent controlled apartment. Landlord then pursued an action for arrears. Tenant counterclaimed for unlawful retaliation and the parties agreed to a mutual discontinuance.
Motion to Dismiss Denied
New York County Supreme Court
Sharp v Bar Fluid LLC, et al. (656730/2022)
April 13, 2023
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Motion to dismiss of Bar Fluid and Robert Fluet denied in its entirety.
The underlying action sounded in the wrongful termination of one the three founders of a popular New York City nightclub, after he conveyed staff reports of misconduct by one of the partners to the managing partner.
Plaintiff brought three statutory retaliation counts, as well as three counts of fraud (against the LLC and Fluet individually), and breach of the employment contract and fiduciary duties, unjust enrichment, and for an equitable accounting.