Josh Krakowsky is a business litigator with ten years of experience in all variety of commercial litigation, with a focus on contractual disputes, fiduciary obligations, restrictive covenants, and corporate divorce. Prior to Davidoff Malito & Hutcher, Mr. Krakowsky developed a broad background as a litigator at Dechert LLP, where he practiced complex commercial litigation, securities litigation, bankruptcy litigation, and products liability litigation. He has first-chaired several trials on his own and is fully versed in all aspects of discovery and trial in federal and state courts, as well as private arbitration and mediation. Clients appreciate Mr. Krakowsky for his candor, tenacity, and ability to achieve the client’s goals effectively and efficiently.

Some recent cases handled and resolved by Mr. Krakowsky include representing a 1/3 owner of a computer services company who was being squeezed out and isolated by the majority owners. We sued the 2/3 owners for breach of the company’s operating agreement and breach of fiduciary duty, and were able to successfully negotiate a settlement whereby our client’s ownership interests were bought out. In another recent case, Mr. Krakowsky represented the owner of a mortgage origination company who sued his former partner for breaching a non-solicitation provision of the parties’ business divorce agreement. Mr. Krakowsky was able to resolve that case quickly and effectively by achieving a favorable settlement for his client.

In addition to being a tough negotiator, Mr. Krakowsky is an effective litigator in Court as evidenced by the many recent victories he has achieved through motion practice. In Golden v. Monster Worldwide, Inc., 2009 N.Y. Slip. Op. 52622(U) (Sup. Ct. N.Y. Co. 2009), Mr. Krakowsky successfully argued that a purported oral employment agreement between a company and a potential senior officer was unenforceable. A copy of the Court’s decision can be located at:
http://scholar.google.com/scholar_case?case=16273110724361008753

In Waldman v. Mosdos Bobov, Inc., 2008 N.Y. Slip. Op. 51669(U) (Sup. Ct. Kings Co. 2008), aff’d, 72 A.D.3d 983, 898 N.Y.S.2d 523 (2d Dep’t 2010), Mr. Krakowsky successfully vacated an arbitration award entered by a religious court that the petitioner sought to turn into a judgment. A copy of the Court’s decision can be located at
http://scholar.google.com/scholar_case?case=17639772627722942124&q

In AGT Crunch Acquisition LLC v. Bally Total Fitness Corp., 2008 N.Y. Slip. Op. 30247(U) (Sup. Ct. N.Y. Co. 2008), Mr. Krakowsky represented a chain of fitness clubs suing for breaches of representations and warranties contained in a purchase agreement for 25 fitness clubs. A copy of the Court’s decision denying the defendants’ motion to dismiss can be located at
http://scholar.google.com/scholar_case?case=4919322649898698298&q

In Lee v. Kim, 16 Misc. 3d 1118(A), 847 N.Y.S.2d 899 (Sup. Ct. Nassau Co. 2007), Mr. Krakowsky successfully defended the pastor of a church from claims of defamation, tortious interference with contract, trespass, conversion, and intentional infliction of emotional distress asserted by rival pastor in a Korean church in Woodside, Queens. A copy of the Court’s decision granting large portions of defendant’s motion for summary judgment can be located at
http://scholar.google.com/scholar_case?case=9154533307836832321&q

In Petrohawk Energy Corp. v. Law Debenture Trust Co. of N.Y., 2007 WL 211096 (S.D.N.Y. 2007), Mr. Krakowsky was part of a team of attorneys who successfully defeated an indenture trustee’s claims for conversion and misappropriation for withholding interest payments to Noteholders to fund litigation being pursued by the indenture trustee against the issuer. A copy of the Court’s decision can be located at
http://scholar.google.com/scholar_case?case=8310195063442700954&q

In Dover Ltd. v. A.B. Watley, Inc., 423 F. Supp. 2d 303 (S.D.N.Y. 2006), Mr. Krakowsky successfully argued that the court should dismiss claims of securities fraud brought against the former CEO of a brokerage firm. A copy of the court’s decision can be located at
http://scholar.google.com/scholar_case?case=3631161768148694384&q

Mr. Krakowsky was also recently featured in the New York Post, for winning a trial in Queens County Supreme Court concerning the ownership of a Yorkshire Terrier. A copy of the October 3, 2009 article can be located at:
http://www.nypost.com/p/news/local/queens/item_thRB7orx4NuUO6wAkpyxyL

Mr. Krakowsky graduated from the State University of New York at Binghamton in 1998 and received his law degree from Fordham University School of Law in 2001, where he served as a Member of the Fordham Law Review. He is a member of the Bar of the State of New York, the New York City Bar Association, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit. He is also a long-suffering fan of the Mets, Jets and Knicks.