Litigation

• Litigation Matters

  Banking
   

  • Represented a New York bank in connection with $1.8 million indebtedness of retail chain that closed its business and removed its inventory to an undisclosed warehouse without prior notice to the bank; included obtaining a preliminary injunction freezing the collateral and the defendant’s assets and defending the bank’s security interest in the debtor’s assets (including contract receivables) after the filing of involuntary bankruptcy petitions, all of which resulted in a favorable settlement, including payment to our client of an amount exceeding the principal balance on the loan
  • Represented a New York bank in defense of a claim for alleged wrongful dishonor of letters of credit, resulting in dismissal of case without any payment by the bank
  • Represented a New York bank in defense of various unusual actions, including one action alleging loss by the bank of $500,000 worth of gold from a safe deposit bank, and one alleging non-payment of a certificate of deposit issued by the bank 27 years earlier

  
  Employment
   

  • Represented 180 women employees (one of the largest per capita recoveries in a lawsuit of this kind) in a class action sex discrimination lawsuit involving pay disparity, and implemented changes in the defendant’s compensation practices and performance evaluation system

  
  Trusts and Estates Litigation
   

  • Represented the executor of an estate in highly-contested, multi-state estate-related litigation
  • Represented trust beneficiaries in a claim against trustee for failure to fulfill fiduciary duties in connection with payments owed to trust for purchase of stock in family-owned business
  • Represented son of deceased business owner in a contested probate involving property in France and New York

  
  Corporate/Commercial Litigation
   

  • Represented cooperative corporation in action brought on behalf of its member stores to enjoin termination of general liability insurance by the group’s carrier
  • Represented a New York bank in defense of a series of fraudulent conveyance actions by judgment creditors of a bank borrower, resulting in two Second Circuit decisions. In the first case, the Court of Appeals affirmed dismissal of plaintiff’s initial claims on statute of limitations and other grounds. In the second case, the Court affirmed the vacatur of plaintiff’s judgment against the bank’s borrower. The second decision was a rare instance of the vacatur of a judgment pursuant to a FRCP 60(b) motion, made by a non-party to the action in which the judgment was rendered.
  • Represented services business in successful appeal from determination of the New York State Unemployment Insurance Appeal Board that professionals employed by the company were employees rather than independent contractors. On appeal, the Appellate Division, Third Department, ruled that the professionals were, as we claimed, independent contractors rather than employees, thereby entitling the company to a refund of the payroll taxes paid during the pendency of the litigation.

  
  Real Estate and Zoning
   

  • Defended borrowers in a foreclosure action in the Supreme Court, New York County involving a multi-million dollar development site in Manhattan. As a result of the Firm’s vigorous defense of the action, the clients, major New York City real estate developers, were able to market and sell the site for full market value, thereby avoiding an auction sale and any personal liability on the loans.
  • Represented a tenant in American Arbitration Association over a commercial restaurant lease dispute and obtained an award of attorney’s fees and costs in favor of the client as the “prevailing party”
  • Represented commercial tenant in action by landlord for unpaid rent under lease which the landlord’s management company had agreed orally, but not in writing, to cancel
  • Represented a commercial tenant in pending litigation over a lease dispute at 644 Broadway, New York, New York, in which the landlord was seeking to terminate the tenant’s valuable commercial lease based upon alleged fabrication of lease “defaults”. The Wall Street Journal detailed the history of the building and the litigation in an article entitled “NoHo Real-Estate Pioneer Leaves a Rent-Fight Legacy”.
  • Represented the sponsor in litigation arising out of alleged construction defects in luxury NOHO condominium