BMW of Mt. Kisco is asking a court to confirm a $70,350 arbitration award against a former manager it claims engaged in deceitful conduct with the intention of damaging its reputation.
DARCARS Automotive Group, the owner of the BMW store, says Brian D. Barry has failed to pay the arbitration award, in a petition filed on Feb. 6 in Westchester Supreme Court.
Barry, of Hopewell Junction, says he was wrongfully terminated, in reply to a message asking for his side of the story, and claims that an old criminal conviction that was used to justify firing him was for a minor offense that he had disclosed when he worked as general sales manager of DARCARS’ Lexis dealership in Greenwich.
DARCARS is based in Maryland, represents 15 car brands and operates dozens of  dealerships in the Northeast and Mid-Atlantic states.
In March 2022, according to Barry, CEO John Darvish discussed promoting him to general manager in Mt. Kisco, as the company was buying the store from AutoNation, and offered to pay $600,000 a year. According to the lawsuit, he was offered $150,000 a year plus bonuses based on net profits.
The new position began on Aug. 30, 2022. Three days later, Barry was fired.
Darvish had learned about a conviction for second degree larceny, according to the arbitration complaint, and decided Barry should not be the general manager. He intended to offer Barry a different role but changed his mind after two employees accused Barry of inappropriate workplace conduct.
Barry said the conviction was for illegally subletting an apartment in 2015.
“Everyone makes mistakes,” he stated in an email. I made restitution in full. … I assumed full responsibility for my actions.”
He denied engaging in workplace misconduct and accused other employees of improper behavior.
DARCARS filed claims against Barry with the American Arbitration Association in November 2022, accusing him of violating a confidentiality agreement and interfering with prospective business relations after he was fired.
Barry had texted a potential customer while posing as a current Mt. Kisco BMW manager, according to the arbitration complaint. He said DARCARS was asking for $10,000 more than the manufacturer’s suggested retail price on a particular car, “to discourage the prospective customer from doing business with DARCARS.”
He also allegedly kept a copy of the dealership’s customer list and other confidential information.
The arbitrator ruled in favor of DARCARS on June 1, 2023 and ordered Barry to pay the arbitration fee and attorneys’ fees.
Now the dealership is asking Westchester Supreme Court to confirm the award and enter a judgment.
