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Partner David E. Ross Obtains Injunction to Enforce Restrictive Covenant

Meister Seelig & Fein PLLC Partner David E. Ross Obtains Injunction to Enforce Restrictive Covenant Against Former President & Founder of Property Management Firm

New York, NY – November 2, 2018 – Meister Seelig & Fein PLLC announced that Litigation Partner David E. Ross obtained a preliminary injunction on behalf of its clients, Plaintiffs UAH-Mayfair Management Group LLC and UAH Property Management, L.P., barring their former President and his spouse, from competing against the Plaintiffs, soliciting their clients, and using their confidential information.

In an Order dated October 15, 2018, New York State Supreme Court Justice Jennifer G. Schecter enjoined the former UAH-Mayfair executive, Michael Clark and his spouse, Lynne Clark, from using UAH-Mayfair confidential information that was protected under the terms of Michael Clark’s Executive Employment Agreements. The Order also bars Clark and his wife from violating the restrictive covenant in those agreements by continuing to compete with the Plaintiffs, and prohibits them from soliciting the Plaintiffs’ customers and vendors.

The Plaintiffs, represented by Meister Seelig & Fein Partner David E. Ross, commenced the action against the Clarks and their company, co-Defendant Distinguished Affordable Housing Management Consultants, LLC, in order to, among other things, enforce a restrictive covenant in Mr. Clark’s Executive Employment Agreements which prohibits Mr. Clark from competing against the Plaintiffs after his employment ended. The restrictions in the Order will be in place until the earlier of the resolution of the lawsuit, modification of the Order, or April 10, 2021.

“My clients brought this suit simply to enforce the terms of the agreements which Mr. Clark agreed to and pursuant to which they paid Mr. Clark substantial sums of money,” Mr. Ross said. “They are gratified that Justice Schecter took the time to understand their allegations, and that she determined the Plaintiffs are likely to succeed on their claim that Mr. Clark has not complied with the terms of the parties’ agreements.”

To read the full transcript/decision, please click here.

David Ross
David E. Ross
Meister Seelig & Fein PLLC
Partner, Commercial Litigation
(212) 655-3531