Practice Area

Commercial Litigation & Arbitration

Counsel · Brian M. Levine, Esq.
When the deal breaks down.

Trial-ready representation for businesses, lenders, landlords, and owners in contract, collection, and commercial disputes throughout New York.

Overview

A business dispute is rarely about the law alone. It is about a payment that never arrived, a buyer who walked away, a partner who changed the terms, or a landlord holding a personal guaranty over your head. Brian M. Levine litigates these disputes in the New York State Supreme Court and before the American Arbitration Association with a single question in mind: what outcome actually serves the client, and what is the most direct path to it.

We read a contract the way a judge will read it, because we have stood in front of the judge.

The firm prosecutes claims and defends them. We have recovered judgments on unpaid promissory notes and breached business purchase agreements, obtained a $706,000 judgment for a vehicle exporter, and defended business owners against claims exceeding $400,000 on commercial leases and personal guaranties. We have vacated default judgments that would otherwise have been final, and we have disposed of weak claims early, before they became expensive.

Because Brian also drafts the agreements that businesses live by, he reads a contract the way a judge will read it. That perspective shapes everything from the first demand letter to the final brief, and it means the firm can tell a client, candidly and early, where a case is strong and where it is not.

What we handle

The work within this practice.

Breach of contract and business purchase agreement disputes
Enforcement of promissory notes, guaranties, and commercial collections
Fraud, unjust enrichment, civil RICO, and trade secret claims
Commercial lease and personal guaranty litigation
Broker commission, franchise, and vendor disputes
Arbitration before the American Arbitration Association
Vacating default judgments and post-judgment enforcement

Representative matters

Experience in this practice.

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.

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.

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.

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.

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.

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: 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.

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.

Related practices

Where this work leads.

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Commercial Litigation & Arbitration

The work within this practice.

Experience in this practice.

$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

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

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

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

Derivative action over withheld LLC distributions

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

Condominium defends claims by its parking garage tenant

Where this work leads.

Business Divorce & Ownership Disputes

Business Transactions & Commercial Contracts

Appeals

Tell us what is at stake.