Lawyers for Eddy Curry on Monday filed a motion in U.S. District Court in New York partially to dismiss the lawsuit filed against him by his former chauffeur, David Kuchinsky. Curry also is asking the court to order arbitration as a means to settle the case.
Curry's New York-based lawyer, Mercedes Colwin of Gordon & Rees, LLP, filed the motion to dismiss Kuchinsky's sexual harassment suit because of a technicality. In the motion, which was obtained by Newsday, Colwin contends that the suit is not admissible as a claim under New York State Human Rights Law because Curry does not qualify as an "employer" because, according to the document, "he never employed at least four persons at any time relevant to the complaint."
Colwin also states that Kuchinsky signed an agreement when he was hired in October of 2005 that stipulated all issues between Curry and Kuchinsky would be resolved by arbitration.
Kuchinsky's complaint, filed in U.S. District Court in New York on Jan. 12, accuses Curry of sexual harassment and breach of contract for failure to pay $93,000 in wages and expenses during his time employed as Curry's personal driver.
The sides attempted to enter into mediation in Chicago Feb. 23, but no resolution came of it. On March 4, Curry filed a separate suit against Kuchinsky and his lawyer, Matthew Blit, claiming a breach of confidentiality by leaking details of the mediation talks to the media.
Kuchinsky's lawyer, Matthew Blit, told Newsday, "There's no merit to the motion to dismiss." He is "extremely confident the motion to dismiss will be denied in its entirety."