Litigation Success
  • We won a $2.5 million judgment in a breach-of-fiduciary-duty claim against an investment advisor who placed a client in a risky derivative investment.
  • We defended the controlling faction of a family-owned manufacturing business against a suit by minority shareholders seeking to force the transfer of controlling shares. The dispute turned upon the interpretation of numerous shareholder agreements and legal principles affecting corporate governance, stock appraisal, powers of attorney, and testamentary instruments. Extensive pre-trial proceedings led to a courthouse settlement in which our clients retained control of the business and the minority group relinquished most of its holdings.
  • We were co-counsel in the successful defense of a $100 million RICO and breach-of-fiduciary-duty claim brought by minority interests involving the ownership and control of regional shopping malls.
  • We successfully defended a multimillion-dollar securities fraud and breach-of-fiduciary-duty case brought against certain officers and directors by a European investment banker.
  • We have handled many high-stakes and complex commercial lease disputes, including one in the United States Court of Appeals for the Second Circuit which was highlighted as the "Decision of the Day" by the New York Law Journal.
  • After construction of a multimillion-dollar expansion of a large shopping center had begun, the project's sponsor was faced with an easement claim that threatened to halt construction. We defeated the effort to stop the expansion and eventually secured a complete dismissal of the lawsuit.
  • When a large real estate investment trust was faced with significant empty space in its shopping center due to the bankruptcy of a chain store subtenant, we secured a seven-figure buyout of the lease from the original tenant in the space, even though amendments had been made to the subtenant's lease without the original tenant's knowledge or consent.
  • We were engaged to handle a substantial and complex mortgage foreclosure action after the mortgagee's claims were dismissed because of an expired notice of pendency. We established the appellate precedent that expired notices of pendency do not constitute a fatal jurisdictional error, and then won summary judgment for the mortgagee on the defendants' numerous affirmative defenses, including fraud.
  • We were retained by a national company to open a default judgment in a substantial commercial construction claim after the expiration of the one-year period prescribed in CPLR 5015(a)(1). We succeeded in opening the default and established an appellate precedent that a court has inherent jurisdiction to open a default even after the expiration of the one-year statutory period.
  • In successfully defending a fraud case involving a proprietary manufacturing process for certain automobile parts, we established appellate precedent governing the specificity of pleading in common law fraud cases.
  • We secured the dismissal of a case charging board members of a health insurance company with fraud, breach of fiduciary duty and conflict of interest.
  • We secured a high-figure settlement for a manufacturing plant that was damaged by a flood. The settlement was paid by a major international insurance broker, which had failed to advise our client about the availability of flood insurance.
  • We have successfully defended many "business fraud" cases brought by the New York State Attorney General under Section 63 of the Executive Law.