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Josh Krakowsky is a seasoned senior business litigator and Partner for Davidoff Hutcher & Citron’s Commercial Litigation group based in the firm’s New York City office. With over 20 years of experience in commercial and appellate litigation, Josh specializes  in contractual disputes, fiduciary obligations, restrictive covenants, and corporate divorce.

Josh brings significant trial and appellate experience, adeptly handling all aspects of discovery and trial in both federal and state courts, as well as private arbitration and mediation. Clients value his straightforward approach, unwavering commitment, and demonstrated ability to achieve their goals efficiently and effectively.

Before joining Davidoff Hutcher & Citron, Joshua honed his litigation skills at Dechert LLP, where he handled complex commercial litigation, securities litigation, bankruptcy litigation, and product liability litigation.

 

SIGNIFICANT EXPERTISE & EXPERIENCES:
  • Corporate Divorce: Representing business owners negotiating and litigating corporate divorces.
  • Fiduciary Duties and Breach of Contract: Representing owners and investors in various breach of contract, breach of fiduciary duty, and quasi-contractual claims.
  • Real Estate Litigation: Representing sellers and buyers of real estate in various breach of contract and fraud litigations concerning ownership rights, leases, development, and land use.
  • Restrictive Covenants: Representing employers and employees concerning non-compete and non-solicitation agreements, and theft of confidential information.
  • Collection and Judgment Enforcement: Representing creditors and debtors in collection matters.
  • Labor Law: Representing employers and employees in prosecuting and defending Labor Law claims.

 

RECENT APPELLATE SUCCESSES:
  • Hayes v. Anderson & Sheppard Ltd.: Achieved a reversal of an order resulting in the dismissal of claims based on forum non conveniens (225 A.D.3d 471, 208 N.Y.S.3d 43 (1st Dep’t 2024)).
  • PRG Assocs. Ltd. P’ship v. Planet Organic Holding Corp.: Successfully appealed and overturned the trial court’s denial of summary judgment on a claim by a landlord against a personal guarantor of a commercial lease (205 A.D.3d 1058, 169 N.Y.S.3d 647 (2d Dep’t 2022)).
  • Caspi v. Weinberg: Enforced a fee-sharing agreement among attorneys (187 A.D.3d 1129, 131 N.Y.S.3d 231 (2d Dep’t 2020)).
  • Demurjian v. Demurjian: Successfully appealed to shield the discovery of tax returns (184 A.D.3d 505, 124 N.Y.S.3d 176 (1st Dep’t 2020)).
  • Bandler v. DeYonker: Successfully defended a public relations and accounting firm against claims for breach of contract and unjust enrichment (174 A.D.3d 461, 101 N.Y.S.3d 847 (1st Dep’t 2019) and 631 F. App’x 71 (2d Cir. 2016)).

 

Josh’s extensive experience and strategic approach make him a trusted advocate for his clients, delivering results that meet and frequently exceed their expectations.

AWARD & HONORS

Selected as a “Rising Star” for business litigation in Super Lawyers for five years (2012, 2013, 2014, 2015, 2016) and selected to Super Lawyers in 2022, 2023 AND 2024.

Personal Quote

“Whether the glass is half-empty or half-full is irrelevant since it is refillable.”

 

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