SCHINDLER v. ROTHFELD

4222. 653161/15.

153 A.D.3d 436 (2017)

60 N.Y.S.3d 125

2017 NY Slip Op 06145

HEATHER THOMSON SCHINDLER et al., Respondents, v. ERIC ROTHFELD et al., Appellants, et al., Nominal Defendant. (And Another Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided August 15, 2017.


The first counterclaim alleges that plaintiff Heather Thomson Schindler appeared on the third season of the reality television show The Real Housewives of New York without obtaining from defendants an exclusion from section 2.10 (b) of the operating agreement governing the clothing company founded by the parties, which required her to devote her full-time services exclusively to the company. These allegations state a cause of action for breach of contract. Plaintiffs failed...

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