Success Stories: Business Litigation

Obtained Summary Judgment dismissing  an action for corporate dissolution and damages brought under Business Corporations Law 1104. (Keisteadt v. Dapeka et al. Commercial Division, Supreme Court, Nassau County)

Won appeal, affirming successful trial court decision (Supreme Court, Nassau County) upholding Plaintiffs’ lawsuit against claim that it constituted a Strategic Lawsuit against Public Participation (SLAPP) under the New York Civil Rights Law.  International Shoppes v. At the Airport LLC, et al, NYS Appellate Division, Second Department)

Won arbitrators decision pursuant to American Arbitration Association Proceeding validating actions of members in appointing managing member of Delaware Limited Liability Company and denying relief requested by co-manager.

Won trial verdict obtaining damages, warrant of possession, and attorneys fees in commercial landlord proceeding while also defeating an application for interim relief in the Supreme Court of Nassau County.  (Mao Asian Bistro v. Over the Pool Realty, District Court and Supreme Court, Nassau County).

Won Summary Judgment on behalf of holders of Promissory Note against defaulting obligor despite claim of prior discharge in Bankruptcy (Lorenz v. Baker, Supreme Court, Nassau County)

Obtained dismissal of an action after defeating an attempt at summary judgment by a major New York lending institution against an individual loan guarantor. (CIT v. Barnett, Supreme Court, New York County)

Obtained Summary Judgment, including an award of attorney’s fees, on behalf of a private lender payee, jointly and severally against both a corporate maker and individual personal guarantor of a promissory note pursuant to CPLR §3213. (Global Diamond Group v. Specialty Motor Cars, et. al., Commercial Division, Supreme Court, Queens County)

Won dismissal of Surrogates Court action seeking to compel the distribution of corporate stock held by a testamentary trust. (In Re Hirshon, Surrogates Court, Queens County)

Obtained recovery, after motion practice, of a contractual down payment placed by our client, an aircraft parts manufacturer, with a North Carolina vendor. In addition to recovering 100% of monies due to our client, we also obtained partial recovery of attorney’s fees. (New Generation Aircraft Services v. Luft Spares Inc. et al., Supreme Court, Nassau County)

Obtained Dismissal of Action brought against national bank by mortgagor alleging violations of TILA and RESPA. (Vasquez v. JP Morgan Chase, Supreme Court, Bronx County)

Won a defendant’s trial verdict on behalf of a commercial contractor in an action brought by a former customer alleging construction defects. (Shapiro v. Empire Pools, District Court, Nassau County)

Obtained full recovery for Corporate Officer in action brought pursuant to N.Y. Business Corporations Law 722-724. (Wolfe, v. DMA, Supreme Court, Queens County)

Obtained Summary Judgment in lieu of a complaint for a private lender against a defaulting obligor on a commercial lending agreement. (Giddings v. Gelman, Supreme Court, Nassau County)

Won Summary Judgment in favor of Real Property buyers and secured the return of their down payment as well as judicial termination of the contract of sale based on building code violations issued to the development containing the property. (Colalillo v. Evans, Supreme Court, Nassau County)

Defeated an attempt by national long term disability insurance carrier to change venue from the United States District Court for the Southern District of New York (Hershman v. Unum Provident Insurance Co. 2007 WL 1217271 (S.D.N.Y 2007).

Defeated an attempt at Summary Judgment by a national credit bank against a New York mortgage company and individual loan guarantors based upon statutes governing commercial lease agreements under the New Jersey Uniform Commercial Code. (Canon Financial v. Cass Bros., Supreme Court, Nassau County)