Notable Decisions

Dermigny v Harper, 127 A.D.3d 685 (2nd Dept. 2015) – Our firm was successful in vacating a judgment on the ground that the defendant had misrepresented to the Clerk of the Court that he was entitled to recover pre-arbitration award interest. The order granting the defendant’s motion to confirm the arbitration award, upon which the judgment was based, did not include a provision awarding the defendant pre-arbitration award interest and because the arbitration award did not include a provision awarding the defendant such interest, the court was without power to award pre-arbitration award interest.

Matter of Jacker, 105 A.D.3d 1048 (2nd Dept. 2013) – The firm successfully defended an attorney-trustee in an action brought by a trust beneficiary to set aside a general release based on fraudulent misrepresentation. The Appellate Division agreed that at the time the beneficiary signed the general release that no deception or undue influence was used by the trustee, and that all was fair, open, voluntary and well understood by the beneficiary.

Matter of Hersh, 102 A.D.3d 872 (2nd Dept. 2013) – The firm successfully represented an executor of an estate against a motion to dismiss the executor’s SCPA 2103 discovery petition to discover assets withheld from the executor. The Appellate Division agreed that the relief sought in the petition involved the affairs of the decedent and properly belonged in the Surrogate’s Court.

Matter of Hersh, 102 A.D.3d 871 (2nd Dept. 2013) – The firm successfully represented an executor of an estate against a motion to dismiss the executor’s petition to dissolve two closely held corporations in the Surrogate’s Court. The Appellate Division agreed with our firm that the dissolution of the corporations involved the affairs of the decedent and properly belonged in the Surrogate’s Court.

Hersh v. Weg, 102 A.D.3d 539 (1st Dept. 2013) – Successfully defended a boutique hotel and members of a Limited Liability Company against a shareholder derivative complaint The firm was able to have the complaint dismissed on a summary judgment motion by establishing that the neither the plaintiff or the leasing agent for the property, had a legal interest in the property or the rental income and that any oral agreement between the hotel and leasing agent was barred by the statute of frauds. The firm was also able to secure the release of over $200,000 being held by the New York County Supreme Court back to our clients.

Stennett v Moveway Transfer & Stor., Inc., 97 A.D.3d 655 (2nd Dept. 2012) – The firm successfully defended a corporation in an action brought by a former employee for failure to pay prevailing wage. The Appellate Division agreed that the Labor Law contains an administrative enforcement mechanism for violations of the Labor Law and the former employee had no private right of action to recover damages for the underpayment of wages in violation of that section until a final administrative determination had been made.

NIACC, LLC v. Greenwich Ins. Co., 51 A.D.3d 883 (2nd Dept. 2008) – The firm successfully represented a corporation in an action for damages for breach on insurance contract. The firm demonstrated that our client was entitled to summary judgment as certain provisions in the commercial liability policy issued by the defendant insurance company which pertained to “Loss Conditions” were ambiguous and that, construed against the defendant, the provisions required the defendant to reimburse our client for guard services retained to protect the subject property after a fire that was the covered cause of loss and that after the fire the property was not valueless as a matter of law, and therefore, the site had to be protected from further damage.

People v. Orr, 10 Misc. 3d 101 (App. Term, 2nd Dept 2005) – Our firm successfully represented a Village on Long Island against an individual and his business that was using the premises as a new or used automobile or motor vehicle sales establishment without a special use permit.

Tri-State Sol-Aire Corp. v. Martin Assocs., 7 A.D.3d 514 (2nd Dept. 2004) – Successfully defended a HVAC company against plaintiff contractor’s action for work, labor, and services performed and materials supplied. The firm was able to have the complaint dismissed based on lack of capacity to sue due to the contractor’s failure to disclose the action against our client on the contractor’s bankruptcy petition.

Sigmoil Resources, N.V. v. Pan Ocean Oil Corp., 234 A.D.2d 103 (1st Dept. 1996) – Successfully represented a foreign owned bank in the release of accounts in the U.S. that were being restrained and frozen.

Prado v. De Latorre, 194 A.D.2d 656 (2nd Dept 1993) – Successfully defended owner of an apartment building in an action to impose a constructive trust. On appeal, our firm successfully demonstrated that plaintiff had no ownership interest in the apartment building as there was no writing between the parties that would satisfy the statute of frauds, no constructive trust could be imposed as plaintiff could not produce proof of the funds he allegedly used to acquire the property and no confidential relationship existed merely because a friendship between the parties.