All Orders and Decisions Wins

Fensterstock, P.C. Wins Motion to Dismiss Complaint with Costs

New York, New York—September 1, 2022—The Honorable Louis L. Nock of the New York County Supreme Court issued a Decision and Order granting defendant’s motion to dismiss plaintiff’s complaint in its entirety, with costs and disbursements awarded. Defendant, Andros Technologies, Inc. is represented by Evan S. Fensterstock, Principal and Founder of Fensterstock, P.C.

A former employee commenced the action alleging breach of an employment agreement and New York’s labor law. After reviewing the papers and hearing oral argument, Justice Nock concurred completely with Fensterstock, P.C.’s arguments and granted defendant’s motion to dismiss the entire case “for the reasons set forth in the moving and reply papers (NYSCEF Doc. Nos. 10, 16).” The court concluded, more specifically, that “plaintiff fails to adequately allege any of his causes of action.” The court ordered the clerk to enter a judgment in favor of defendant and against plaintiff dismissing the complaint, with costs and disbursements.

About Fensterstock, P.C.

Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last seven consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.

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