News

$89k Sanction Paid by SLAPP Filers

First Amendment / Anti-SLAPP law

Sharp v Bar Fluid LLC, et al. (656730/2022)

September 29, 2025

SLAPP filers Robert Fluet and Bar Fluid LLC ("The Q") agreed to pay a sanction of over $89,000 in attorneys' fees and costs to settle the April 24 award ordered by the First Department Appellate Division for their violations of New York Civil Rights Law §§ 70-a & 76-a.

In 2023, defendants Robert Fluet and Bar Fluid LLC ("The Q") had filed a swarm of meritless abuse of process and defamation counterclaims in retaliation for plaintiff's protected exercise of his First Amendment rights in filing and publicly comment on his whistleblower retaliation lawsuit against them.

SLAPP Victory

First Amendment / Anti-SLAPP law

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

Property Law / Tenant Rights

Persaud v Constantine (71666/2023)

July 30, 2024

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

Labor Law/ Whistleblower Retaliation & Fraud

Sharp v Bar Fluid LLC, et al. (656730/2022)

April 13, 2023

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.