First Department Denies SilverLining's Bid to Halt Discovery in Arencibia & Co. Non-Compete Dispute

October 6, 2026

In September, the Appellate Division, First Department, denied SilverLining Interiors’ motion to stay discovery in its litigation against Harris St. Laurent’s client Arencibia & Co., allowing the case to proceed toward trial. Arencibia. & Co., founded by Joel Arencibia, provides construction management services for luxury residential construction and renovation projects.

The ruling follows a series of favorable decisions for our client. In January 2025, the Supreme Court, New York County, held that restrictive covenants in Mr. Arencibia’s employment agreement were not enforceable. That decision was affirmed by the First Department in October 2025. In January 2026, in a second action between the parties, the First Department vacated an injunction granted by the Trial Court and again held that the underlying restraints were unenforceable, and then later denied a motion for reargument of that determination in June 2026. Those decisions have each repeatedly confirmed Mr. Arencibia’s right to compete with his former employer.

Congratulations to HS Partner Adam Oppenheim and Associate Tina Lapsia on this latest result.

Read the September decision here.