The claimant in a $49 million lawsuit against on Everlast Worldwide, Inc. filed an appeal Tuesday after the New York Supreme Court dismissed the original suit.
The court had dismissed the original lawsuit brought by Joan Hansen and Company, Inc. against Everlast, stating that the complaint “ fails to identify an existing contractual obligation that [Everlast’s subsidiary] has failed to perform.” The court dismissed Hansen’s claims alleging tortious interference as being without merit as well and directed that judgment be entered in Everlast’s favor.
Ms. Hansen had alleged that Everlast and CEO, George Horowitz had tortiously interfered with Hansen’s consulting agreement. The appeal will pursue only the breach-of-contract claims, dropping the interference allegations against Horowitz.
Hansen still collects consulting fees on certain other Everlast licenses that werent transferred to the entity formerly called Active Apparel. The licenses under contention generated about $160,000 to $200,000 in annual income for Hansen, and reportedly werent “long-term” licenses.