Kasowitz Secures Dismissal of Breach of Fiduciary Duty Claims against Ronald F. Hartenbaum, Hartenbaum Family LLC & Crossover Media

Kasowitz Benson Torres has secured the dismissal, in a ruling from the bench by Justice Barry Ostrager of the New York County Supreme Court, Commercial Division, of all claims alleged against Ronald F. Hartenbaum, Hartenbaum Family LLC and Crossover Media in an action commenced by David Landau and Flushing LLC relating to their investment in Cadence13, a leading creator of audio entertainment.

In the complaint, the plaintiffs, co-investors in Cadence13 with the defendants, alleged that the defendants breached their fiduciary duties by using the plaintiffs’ investment in Cadence13 and Cadence13’s assets to fund a new, competing company Crossover Media and exclude the plaintiffs from any ownership interest in the new company.  On April 3, 2019, Justice Ostrager dismissed the complaint, noting that the plaintiffs’ interest had already been redeemed and that they had executed a release in connection with that redemption.

The Kasowitz team representing Ronald F. Hartenbaum, Hartenbaum Family LLC and Crossover Media is led by partner Mitchell R. Schrage and includes associate Jennifer McDougall.