Decisions of Interest

DiMattina v. Cascardo, 147 A.D.3d 906, 48 N.Y.S.3d 201 (2nd Dept. 2017)

Appellate Court affirmed an Order that denied adversary's motion to restore a case that had been dismissed in 2003 in favor of firm's client. Appellate Court also found that a sanction in the sum of $10,000 was appropriate against adversary.

Stewart v. Makhani, 146 A.D.3d 703, 46 N.Y.S.3d 556 (1st Dept. 2017)

Firm obtained reversal of an Order that marked a case of the calendar prior to completion of discovery.

Hasan v. 18-24 Luquer Street Realty, LLC, 144 A.D.3d 631, 45 N.Y.S.3d 98 (2nd Dept. 2016)

Appellate Court affirmed Order precluding adversary from, among other things, offering any testimony or evidence at trial.

Moore v. IGPS Co. LLC, 141 A.D.3d 407, 35 N.Y.S.3d 59 (1st Dept. 2016)

Appellate Court modified an Order of the Supreme Court reversing summary judgment on a claim for breach of contract and sending the matter back to the Lower Court for a determination with respect to damages notwithstanding that the corporation subsequently went bankrupt. The Appellate Court found that the operative agreements in the case permitted firm's client to keep his vested shares in a corporation, that the shares should not have been cancelled out and that the subsequent bankruptcy did not extinguish the value of the shares at the time of breach.

Edrich v. MMAL Corp., 134 A.D.3d 935, 23 N.Y.S.3d 264 (2nd Dept. 2015)

Appellate Court affirmed an Order dismissing claims against firm's client after finding that client was not an alter ego of a corporate defendant.

Aish Hatorah New York, Inc. v. Fetman, 45 Misc 3d 1203(A) (Sup. Ct. Kings Cty. 2014) adhered to on rearg, 2015 NY Slip Op 50997(U) (Sup. Ct. Kings Cty. July 6, 2015)

The Supreme Court, Kings County, confirmed a $20,000,000 arbitration award in favor of a not-for-profit organization against its former CFO for embezzlement and misuse of company funds. The Court rejected each of the former-CFO’s arguments alleging duress, bias, impropriety, and irrationality of award.

Wakefield Kennedy, LLC v. State Capital Holdings, LLC, 2015 WL 3620381 (10th Cir. 2015)

Tenth Circuit Court of Appeals affirmed the District of Utah’s granting of partial summary judgment to Firm’s client, holding that Client had ownership priority over a disputed loan purchased by client.

Daskal v. Tyrnauer, 37 Misc.3d 1214, 961 N.Y.S.2d 357 (Sup. Ct. Kings County 2012) aff’d 123 A.D.3d 652, 998 N.Y.S.2d 412 (2nd Dept. 2014) leave to appeal denied 24 N.Y.3d 916, 28 N.E.3d 38 (2015)

Firm obtained dismissal of Complaint alleging RICO violations and fraud in its entirety. Firm then successfully argued appeal affirming such dismissal and opposed a motion by the Plaintiff to appeal to the Court of Appeals.

Miller v. Cohen, 2015 WL 3846351, 2015 N.Y. Slip Op. 31041(U) (Sup. Ct. N.Y. Cty. 2015)

Defeated Plaintiff’s motion for summary judgment on $1 million fraudulent conveyance claim.

Weiszberger v. Husarsky, 114 A.D.3d 731, 979 N.Y.S.2d 851 (2nd Dept. 2014)

Firm obtained reversal of summary judgment in a prescriptive easement case, with a finding by the Appellate Division that Firm’s client is entitled to trial over claims that he had obtained a prescriptive easement over adjacent property.

Bass Oil & Chemicals LLC v. Bass, 43 Misc. 3d 1217(A), 988 N.Y.S.2d 521 (Sup. Ct. 2014)

Firm, representing the plaintiff, obtained dismissal of counterclaims by the defendants for failing to state a cause of action.

Tendler v. Bais Knesses of New Hempstead, Inc., 112 A.D.3d 911 (2nd Dept. 2013)

Appellate Division limited damages for breach of employment contract to date that Rabbi’s employment was subsequently properly terminated and affirmed denial of lifetime benefits to Rabbi.

Moss v. Garcia-Chamorro, 973 N.Y.S.2d 62 (1st Dept. 2013)

Appellate Court affirmed summary judgment obtained by firm that pierced corporate veil and found related entities to be alter egos.

Maya NY, LLC v Hagler, 35 Misc.3d 1210, 2012 WL 1255254 (Sup. Ct. NY County 2012) aff’d 106 A.D.3d 583, 965 N.Y.S.2d 475 (1st Dept. 2013)

Firm obtained order dismissing causes of action for professional malpractice, breach of guaranty, piercing the corporate veil and conversion in action alleging breach of loan agreement. Appellate Court also affirmed Trial Court’s denial of plaintiff’s motion to amend its Complaint.

Tribul Merchant Services, LLC v. Rory (“Reuven”) Cypers and Residual Income Opportunities, Inc., 40 Misc.3d 1241(A), 977 N.Y.S.2d 670 (Sup. Ct. Kings County 2013)

Firm obtained a denial of Plaintiff’s motion to hold the defendant in civil and criminal contempt for violating terms of a temporary restraining order on the ground that personal jurisdiction over defendants was not acquired.

Feldman v. Torres, 939 N.Y.S.2d 221 (Sup.App.Term 2011)

Lender’s motion for summary judgment to enforce conditional assignment of promissory note affirmed on appeal.

Beach 104 St. Realty, Inc. v. Kisslev-Mazel Realty, 906 N.Y.S.2d 614 (2nd Dept. 2010)

Summary judgment dismissing claims of fraud against seller of real property.

Nathanson v. Grand Estates Auction Co., 2010 WL 4916982 (E.D.N.Y.)

Successful motion to dismiss action against auction company.

Empire One Telecommunications, Inc. v. Verizon New York, Inc., 26 Misc.3d 541, 888 N.Y.S.2d 714 (Sup. Ct. Kings County 2009)

Holding on issue of first impression that a special relationship existed between firm’s client and defendant which rendered exculpatory provisions in agreement unenforceable as to damages caused by grossly negligent or deliberate conduct.

O.D.F. Optronics and Wave Group v. Remington Arms Co., 2008 WL 4410130 (S.D.N.Y.)

Preliminary injunction in favor of international arms manufacturer against distribution company to prohibit continued sales of outdated product models to military and law enforcement customers.

Private One of New York v. JMRL Sales & Service, 21 Misc.3d 1106(A) (Sup. Ct. Kings Cty. 2008)

Preliminary injunction preventing bus manufacturer from breaching exclusive distribution agreement.

Accessory Corp. v. Capco Wai Shing, 834 N.Y.S.2d 139 (1st Dept. 2007)

Affirmation of denial of motion to compel arbitration of license agreement.

Gryphon Domestic VI, v. APP Intern. Finance, 792 N.Y.S.2d 14 (1st Dept. 2005)

Defeated motion to hold non-party witness in contempt, affirmed on appeal.