May 19, 2015

Fishkin Lucks Prevails before New York’s Appellate Division (First Department) in Breach of Contract Action

The New York Appellate Division (First Department) affirmed today the dismissal of breach of contract claims brought against the Firm’s client, a national life insurance company, by its former servicing agent in Latin America for wrongful termination of, and alleged commissions due under, the parties’ agency agreement. The First Department agreed with the Firm’s arguments before the trial court, finding that plaintiff did not have a viable wrongful termination claim based on the law of the case, and that his claim for unpaid commissions had already been voluntarily discontinued following extensive discovery. The decision provides a complete victory for the Firm’s client after three years of hotly contested litigation.