LOPRESTI, PLLC successfully opposes motion for summary judgment by former executive seeking over $1M in alleged compensation.
LOPRESTI, PLLC has successfully opposed a motion for summary judgment filed by Curt Meltzer, a former executive at Kentucky Fresh Harvest, LLC and Kentucky High-Tech Greenhouses, LLC, companies that build and operate high tech commercial greenhouses in Kentucky. Meltzer, a New York attorney, claimed he is owed over $1M in deferred compensation earned prior to his resignation, and that the greenhouse companies breached their agreement by refusing to pay him. Meltzer filed his action in New York Supreme Court, New York County. [Curt Meltzer v. Kentucky High-Tech Greenhouses, et al., Index No. 652396/2022].
In opposition to the motion the defendant companies submitted 11 affidavits refuting Meltzer’s claims, which “shed light on Meltzer’s malfeasance, waste, mismanagement and sheer ineptitude”. Witnesses allege that representations and promises made by Meltzer “to effectively, efficiently and cost-effectively design, build and operate a successful greenhouse facility” were “pure BS”. Witnesses also claim that Meltzer was either a party to a scam that cost the defendants tens of millions of dollars, or that he “enabled it, and/or that he willingly or recklessly turned a blind eye to it.” According to papers filed, “Plaintiffs cannot avoid the fact that Meltzer’s abysmal performance, if any, was reckless, wasteful, and fraudulent, that it cost the Defendants millions of dollars, and that in just about every way, Meltzer materially breached any agreement.”
The defendants have counterclaimed against Meltzer alleging claims sounding in Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Gross Negligence and Wanton and Reckless Misconduct, and Breach of Fiduciary Duty.
Click here to view a copy of the Decision + Order
Click here to view a copy of the Defendants’ Memorandum of Law in Opposition
Click here to view a copy of the Defendants’ Answer with Counterclaims
Kentucky Fresh Harvest, LLC and Kentucky High-Tech Greenhouses, LLC are represented by lead counsel Anthony A. LoPresti of LOPRESTI, PLLC who also argued the motion.
John Sjoholm, LOPRESTI, PLLC head of Logistics and Investigation, assisted in the investigation of this matter.
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