HSW Secures NY First Department Appellate Win Declaring 3-Year Non-Compete Unenforceable

November 25, 2025

Harris St. Laurent & Wechsler LLP (HSW) today announced a significant appellate victory on behalf of client Joel Arencibia, President of Arencibia & Co. The decision establishes completely Arencibia’s right to continue his successful career as a residential luxury builder in all markets across the country.

An HSW team, led by litigation partner Adam Oppenheim, persuaded the New York Appellate Division, First Department, to uphold the trial court’s ruling that the three-year non-compete in Arencibia’s employment agreement with his former employer, defendant SilverLining Interiors, was unenforceable as a matter of law.

For Arencibia, who has spent decades establishing himself as one of the most trusted builders in luxury residential construction, the decision brings long-overdue relief.  

“This case arrived on our desks at a crisis moment, when Joel was suddenly told he could no longer work in the industry in which he had built his entire career,” said Oppenheim. “Our team approached the matter with a consistent strategy and never wavered. This decision reflects the quick thinking and the hard work of my team that got Joel the rights we felt he and his business had always deserved.”

With the ruling, Arencibia is free to lead his new business, Arencibia and Co., into its next phase of growth. He thanked HSW for guiding him through what he described as “one of the most challenging stretches of my professional life.”

In addition to Oppenheim, the HSW team included associates Tina Lapsia and Arshiya Sharda.