Experience

Representative matters.

50 matters from the firm's litigation and arbitration practice, followed by a summary of the transactions it has closed. Client and case names have been omitted. Prior results do not guarantee a similar outcome.

Commercial LitigationJudgment

$706K

For: Vehicle exporter

$706,000 judgment for a vehicle exporter

Represented a vehicle exporter on breach of contract claims against a seller and secured a judgment of $706,000.

Commercial LitigationJudgment

$213,993

For: Lender

$213,993 judgment on an unpaid promissory note

Represented a lender in an action against a debtor for breach of an unpaid promissory note and obtained a judgment in the sum of $213,993.00.

Commercial LitigationJudgment

$205K

For: Seller

$205,000 judgment for the seller of a digital media company

Represented the seller of a digital media and podcast production company in an action against the purchaser for breach of the business purchase agreement, and secured a judgment of $205,000.

Commercial LitigationJudgment

$140K

For: Franchise buyer

$140,000 judgment for the buyer of a Subway franchise

Secured a $140,000 judgment for the buyer of a Subway franchise in an action for breach of the contract for the franchise.

Commercial LitigationPayment secured

$98K

For: Pest control company

$98,000 recovered for a pest control company under a multi-building service contract

Prosecuted a commercial collection action for a pest control company against a multi-building landlord and secured a $98,000 payment for unpaid services due under the parties' multi-building service contract.

Commercial LitigationTrade name protected

Name abandoned

For: Wine and liquor retailer

Competitor compelled to permanently abandon an infringing trade name

Represented a Long Island wine and liquor retailer against a competing liquor store that was operating under a name that infringed on the client's well-known trade name, and compelled the competitor to permanently abandon the name.

Commercial LitigationInfringing use stopped

Paid for all reported sales

For: Artist

Artist's claim against a luxury fashion house over artwork used on apparel

Represented an artist in a claim against an international luxury fashion house over the use of his artwork on shirts sold through national retailers. Stopped the fashion house from continuing to use the client's work and secured payment for the reported value of the shirts sold.

Commercial LitigationWith prejudice

Trade secret claims dismissed

For: Dealership group and its principals

Trade secret claims dismissed and plaintiffs held in contempt in a federal RICO action

Defended a group of car dealerships and their principals through the pleading and injunction stages of a federal action in the Eastern District of New York, brought by other dealerships and their owners alleging civil RICO violations, fraud, and misappropriation of trade secrets. On the firm's motion, the court dismissed with prejudice the federal trade secret claims, along with tortious interference, deceptive practices, veil-piercing, and other claims. On the firm's further motions, the court twice held the plaintiffs in civil contempt of its orders and imposed monetary sanctions, including attorneys' fees.

Commercial Litigation

Representation

For: Defendant purchaser

Defense of a dealership's export-restriction claims

Represented a defendant against claims of breach of contract brought by a dealership alleging that vehicles had been exported in violation of the vehicle purchase agreement.

Commercial LitigationSettled for half

$200K judgment

For: Concrete contractor

$200,000 judgment against a concrete contractor settled for half

Retained by a concrete contractor after a $200,000 judgment had already been entered against it while it was represented by prior counsel. Negotiated a settlement that cut the client's exposure to half of the judgment.

Commercial LitigationSettled for under half

$400K+ claim

For: Laundromat and its principal

$400,000+ lease and guaranty claim against a laundromat settled for less than half

Defended a laundromat and its principal, who had personally guaranteed the lease, in an action for breach of a commercial lease and the guaranty seeking more than $400,000. Negotiated a settlement that reduced the clients' exposure to less than half of the amount claimed.

Commercial Litigation

Representation

For: Laundromat

Laundromat defended in AAA arbitration

Defended a laundromat against breach of contract claims in an arbitration before the American Arbitration Association.

Commercial LitigationDismissal

Action dismissed

For: 7-Eleven franchisee

Carting company's contract action against a franchisee dismissed

Defended a 7-Eleven franchisee in an action by a carting company for breach of contract, and obtained dismissal of the action.

Commercial Litigation

Representation

For: Karaoke café

Broker's commission claim against a Queens karaoke café

Represented a Queens karaoke café in an action brought by a broker alleging breach of a brokerage agreement.

ConstructionSettlement

$1.2M

For: General contractor

$1.2 million settlement for a general contractor on a $20 million+ Queens project

Represented a general contractor in a mechanic's lien foreclosure and breach of contract action against a developer on a Queens construction project of more than $20 million, and secured a $1.2 million settlement made up of $773,000 in cash and real property.

ConstructionPayment secured

$325K

For: General contractor

$325,000 recovered for a general contractor from a Flushing condominium

Secured a $325,000 payment for a general contractor from a condominium in Flushing, Queens, for unpaid work on a construction project.

ConstructionSettled for $30K

$221K claim

For: General contractor

$221,000 subcontractor claim on a Queens hotel project settled for $30,000

Defended a general contractor against a subcontractor's claim for $221,000 in alleged underpayments on a hotel construction project in Queens. Discharged the mechanic's liens the subcontractor had filed against the project, then negotiated a settlement that resolved the entire claim for $30,000.

ConstructionFees awarded

Lien cancelled

For: Hotel owner

Subcontractor's mechanic's lien on a Long Island City hotel cancelled, with attorney's fees

Secured the cancellation of a mechanic's lien filed by a subcontractor against a hotel in Long Island City, together with an award of attorney's fees.

ConstructionLiens cancelled

Summary judgment

For: General contractor

Subcontractor's $600,000+ lien and contract claims on two Manhattan hotels defeated

Defended a general contractor against a subcontractor's mechanic's liens and breach of contract claims seeking more than $600,000 for allegedly unpaid work on two Manhattan hotel construction projects. Secured the cancellation of the liens filed against both hotel properties, won summary judgment for the client, and then resolved the case with a settlement in which the subcontractor paid the client.

ConstructionCounterclaims withdrawn

$259,850

For: General contractor

$259,850 paid to a general contractor in arbitration against a property owner

Represented a general contractor in an American Arbitration Association proceeding for breach of contract against a property owner, and against the owner's construction defect counterclaims. On the eve of the hearing, the owner discontinued its counterclaims and paid the client $259,850.

ConstructionSuccessful

No exposure

For: General contractor

Construction defect claims on a 28-unit condominium

Defended a general contractor against claims of construction defects in a six-story, 28-unit condominium building, and successfully kept the client clear of exposure on the claims.

Construction

Representation

For: Developer

Proceeding to cancel a contractor's mechanic's lien

Represented a developer in a special proceeding to cancel and discharge a mechanic's lien filed by its contractor.

ConstructionDefault vacated

$700K+ exposure settled

For: General contractor

Default vacated and $700,000+ in potential liability settled

Vacated a default entered against a general contractor in a developer's action for breach of a construction contract, then settled the client's potential exposure of more than $700,000 in construction defect claims by leveraging disputed payment balances of only $100,000.

ConstructionDismissal

Action dismissed

For: Developer and seller

Homebuyer's post-closing defect and fraud claims against a developer dismissed

Represented a residential developer and seller in an action for breach of the contract of sale, in which the purchaser of a home alleged post-closing construction defects and fraud, and obtained dismissal of the action.

Construction

Representation

For: Wood flooring contractor

Hotel's flooring defect claims against a specialty contractor

Represented a wood flooring company in an action brought by a hotel alleging construction defects in the installed flooring.

ConstructionPayment secured

$70K

For: General contractor

$70,000 recovered for unpaid work on downtown Brooklyn landmark properties

Represented a general contractor in an action against the owner of landmark properties in downtown Brooklyn and secured a $70,000 payment for unpaid work the contractor had performed.

Construction

Representation

For: General contractor

City of New York's property damage claims from a construction project

Represented a general contractor against claims filed by the City of New York for property damage allegedly sustained as a result of the client's construction project.

Construction

Representation

For: Homebuyers

Purchasers of a custom home against the developer

Represented the purchasers of a custom-built home in a breach of contract action against the real estate developer.

Construction

Representation

For: Developer and general contractor

Adjacent owner's trespass, nuisance, and property damage claims

Represented a developer and general contractor in Jamaica, Queens in an action by the adjacent property owner asserting trespass, private nuisance, and property damage claims arising out of activities on the construction project.

Construction

Representation

For: Contractor

Construction defect litigation

Represented a contractor in litigation over alleged construction defects, one of a number of defect matters the firm has handled for builders and developers.

Insurance CoverageCoverage preserved

$530K

For: General contractor

Insurer forced to pay a $530,000 judgment and repay the client's defense costs

Represented a general contractor in a declaratory judgment action commenced by its insurer. The firm forced the insurer to indemnify the client and pay a $530,000 judgment entered against it after trial, and to repay the $20,000 the client had spent on its own defense.

Insurance CoverageDisclaimer withdrawn

Full defense & fees

For: General contractor

Carrier compelled to defend, indemnify, and reimburse every legal fee

Took over the defense of a general contractor facing Labor Law claims for construction site injuries on a Queens project, after its insurer had disclaimed coverage and left the client to defend itself. Following a thorough analysis of the case and its documents, the firm forced the insurer to withdraw its disclaimer, take over the client's defense, and reimburse the client for all of the legal fees it had already incurred in defending the action.

Insurance CoverageInsurer forced to cover

$584,960

For: Nightclub owner

$584,960 default judgment vacated and the insurer forced to cover the claims

Represented the owner of a nightclub and vacated a default judgment of $584,960.27 entered against the business. The vacatur removed the insurer's claim that it had been prejudiced, and the insurer was forced to cover the claims.

Injury DefenseJury verdict

No liability

For: General contractor

Jury finds no liability for a general contractor in a Labor Law construction injury trial

Defended a general contractor that had no insurance coverage for the claim in a Labor Law action over a construction site injury on a major shopping mall project in Flushing, Queens. After trial, the jury found no liability on the part of the client. The plaintiff's claims against the remaining defendants later settled for more than $4 million.

Injury DefenseInsurer settled

No payment by client

For: General contractor

Pedestrian's falling-object injury claim resolved at no cost to the general contractor

Defended a general contractor that had no insurance coverage for the claim in an action by a pedestrian who was allegedly struck by an object falling from a building under construction at a major shopping mall project in Flushing, Queens. The firm successfully defended the client until an insurer settled the claim with the plaintiff, and the client paid nothing.

Injury Defense

Defense successful

For: General contractor

Pedestrian slip-and-fall beside a construction site

Successfully represented a general contractor in an action by a pedestrian alleging a slip and fall on the sidewalk adjacent to the project.

Injury Defense

Defense successful

For: Property owners

Premises liability and veil-piercing claims against property owners

Successfully defended property owners against a slip-and-fall premises liability claim and the plaintiff's attempt to pierce the corporate veil and reach the owners personally.

Business DivorceSettlement

$115K

For: LLC member

Derivative action over withheld LLC distributions

Represented a member in a derivative action against an LLC and its managing members for breach of the operating agreement by wrongfully withholding distributions. The matter resolved with a $115,000 payment from the defendants.

Business DivorceDefense

$8.5M claim

For: LLC and its managers

Development LLC defends minority members' $8.5 million derivative action

Represented an LLC in connection with the development of a multi-unit residential building in Queens, and in the defense of a derivative action filed by minority members alleging $8.5 million in damages and asserting claims for managerial misconduct, minority oppression, and breach of the operating agreement.

Real EstateMortgage cancelled

$169K

For: Homeowners

Foreclosure defeated and a $169,000 mortgage wiped out for Long Island homeowners

Defended Long Island homeowners against a bank's action to foreclose on their home, wiped out the $169,000 mortgage, and recovered the clients' attorney's fees from the bank.

Real EstateProceeds released

$1.6M

For: Seller of a Brooklyn building

Injunction over $1.6 million in sale proceeds vacated and the action dismissed

Took over as counsel for the seller of a Brooklyn building after a preliminary injunction had restricted the client's use of $1,600,000 in sale proceeds. Obtained the cancellation of the injunction, and then the dismissal of the action.

Real Estate

Representation

For: Developers and adjoining owners

RPAPL § 881 access proceedings, filed and defended

Filed and defended special proceedings under RPAPL § 881 in connection with license agreements for access to neighboring property during construction.

Real Estate

Representation

For: La Quinta hotel

Hotel opposes a neighbor's overhead protections in an RPAPL § 881 proceeding

Represented a La Quinta hotel in an RPAPL § 881 proceeding brought by an adjacent property owner seeking access to the hotel's property, and opposed the neighbor's plan to erect unnecessary overhead protections that would have interfered with the quality of its guests' stay.

Real Estate

Representation

For: Property owner

Action to compel a neighbor to remove an encroaching fence

Represented a property owner in Queens in an action to compel a neighbor to remove a fence built on the client's property.

Real Estate

Representation

For: Condominium building

Condominium defends claims by its parking garage tenant

Represented a condominium building in an action brought by its parking garage tenant for breach of a commercial lease.

Real Estate

Representation

For: Commercial property owners

Commercial eviction proceedings

Represent commercial property owners in eviction proceedings against non-paying and holdover tenants.

AppealsSecond Department

Reversed

For: Homeowners

Second Department reverses order that left a default foreclosure judgment in place

Retained on appeal by homeowners after the trial court refused to vacate a judgment of foreclosure and sale entered against them on default on a $1 million mortgage. The Appellate Division, Second Department, reversed, ordered a hearing on whether the homeowners had ever been properly served, and awarded them costs. The reversal gave the clients the leverage to complete a short sale with the lender.

AppealsFirst Department

Affirmed

For: General contractor

First Department affirms dismissal of a subcontractor's claims against a general contractor

Represented a general contractor and its principal as respondents on a subcontractor's appeal from an order dismissing its complaint, which asserted breach of contract, account stated, breach of fiduciary duty, fraud, and unjust enrichment arising out of a Manhattan hotel project. The Appellate Division, First Department, unanimously affirmed the dismissal of the entire complaint as time-barred.

AppealsFirst Department

Dismissal upheld

For: General contractor

First Department upholds dismissal of a subcontractor's time-barred and veil-piercing claims

Represented a general contractor and its principal as respondents on a subcontractor's appeal in a second action arising out of a Manhattan hotel project. The Appellate Division, First Department, upheld the dismissal of the subcontractor's account stated, unjust enrichment, and quantum meruit claims as time-barred, held that the subcontractor had not alleged facts sufficient to pierce the corporate veil and reach the contractor's principal, and rejected its attempt to recast the dispute as one for fraud.

AppealsFirst Department

Claims struck

For: General contractor

First Department strikes fraudulent conveyance claims added against a general contractor

Represented a general contractor as appellant from a trial court order that had allowed a subcontractor to amend its complaint to add fraudulent conveyance claims under the Debtor and Creditor Law. The Appellate Division, First Department, held that leave to add those claims should not have been granted: they were time-barred and did not relate back to the original pleading. The court modified the order to deny the amendment as to all three fraudulent conveyance claims.

The matters described on this site are illustrative and do not describe every matter the firm has handled. Each matter turns on its own facts, and the absence of a stated outcome should not be read as a comment on the result. Prior results do not guarantee a similar outcome.

Transactional experience

The deals behind the disputes.

Businesses

Sales and purchases of membership interests in real estate holding companies
Asset sales of operating businesses
Sales of laundromats
Gas station sellers and purchasers
Hair salons
Franchise restaurants
Stock purchase agreements
Management agreements
Licensing agreements for commercial intellectual property
Distribution agreements with nationwide retailers

Construction & Buildings

AIA agreements for projects upwards of $25 million
RPAPL § 881 license agreements, for developers and for neighboring owners
Commercial condominium and commercial property transactions
Commercial lease agreements
Construction contracts between general contractors and subcontractors

Residential

Purchases and sales of single-family and multi-family homes
Condominium and co-operative closings
Developer acquisitions for renovation and teardown
Entity formation and governance for residential projects
Bank attorney representation on residential closings

Start a conversation

Representative matters.

$706,000 judgment for a vehicle exporter

$213,993 judgment on an unpaid promissory note

$205,000 judgment for the seller of a digital media company

$140,000 judgment for the buyer of a Subway franchise

$98,000 recovered for a pest control company under a multi-building service contract

Competitor compelled to permanently abandon an infringing trade name

Artist's claim against a luxury fashion house over artwork used on apparel

Trade secret claims dismissed and plaintiffs held in contempt in a federal RICO action

Defense of a dealership's export-restriction claims

$200,000 judgment against a concrete contractor settled for half

$400,000+ lease and guaranty claim against a laundromat settled for less than half

Laundromat defended in AAA arbitration

Carting company's contract action against a franchisee dismissed

Broker's commission claim against a Queens karaoke café

$1.2 million settlement for a general contractor on a $20 million+ Queens project

$325,000 recovered for a general contractor from a Flushing condominium

$221,000 subcontractor claim on a Queens hotel project settled for $30,000

Subcontractor's mechanic's lien on a Long Island City hotel cancelled, with attorney's fees

Subcontractor's $600,000+ lien and contract claims on two Manhattan hotels defeated

$259,850 paid to a general contractor in arbitration against a property owner

Construction defect claims on a 28-unit condominium

Proceeding to cancel a contractor's mechanic's lien

Default vacated and $700,000+ in potential liability settled

Homebuyer's post-closing defect and fraud claims against a developer dismissed

Hotel's flooring defect claims against a specialty contractor

$70,000 recovered for unpaid work on downtown Brooklyn landmark properties

City of New York's property damage claims from a construction project

Purchasers of a custom home against the developer

Adjacent owner's trespass, nuisance, and property damage claims

Construction defect litigation

Insurer forced to pay a $530,000 judgment and repay the client's defense costs

Carrier compelled to defend, indemnify, and reimburse every legal fee

$584,960 default judgment vacated and the insurer forced to cover the claims

Jury finds no liability for a general contractor in a Labor Law construction injury trial

Pedestrian's falling-object injury claim resolved at no cost to the general contractor

Pedestrian slip-and-fall beside a construction site

Premises liability and veil-piercing claims against property owners

Derivative action over withheld LLC distributions

Development LLC defends minority members' $8.5 million derivative action

Foreclosure defeated and a $169,000 mortgage wiped out for Long Island homeowners

Injunction over $1.6 million in sale proceeds vacated and the action dismissed

RPAPL § 881 access proceedings, filed and defended

Hotel opposes a neighbor's overhead protections in an RPAPL § 881 proceeding

Action to compel a neighbor to remove an encroaching fence

Condominium defends claims by its parking garage tenant

Commercial eviction proceedings

Second Department reverses order that left a default foreclosure judgment in place

First Department affirms dismissal of a subcontractor's claims against a general contractor

First Department upholds dismissal of a subcontractor's time-barred and veil-piercing claims

First Department strikes fraudulent conveyance claims added against a general contractor

The deals behind the disputes.

Businesses

Construction & Buildings

Residential

Tell us what is at stake.