Cases |
The following are a few select State and Federal court decisions that we have been involved in.
Courtenay Communications Corp. v. Patricia M. Hall and Hallmark Capital Corp.;
United States District Court for the Southern District of New York, July 9, 2007
The firm successfully defended a well-known web site against claims of defamation in federal court.
Best Van Lines Inc. v. Walker;
Second Circuit Court of Appeals, June 26, 2007
In a case of first impression, the firm represented a private transportation company in defamation claims brought against a website operator involving novel issues vis-à-vis personal jurisdiction and the internet. This newsworthy case was published on the front page of the New York Law Journal and by law.com on June 29, 2007.
New York City Economic Development Corporation v. Harborside Mini Storage, Inc.;
Kings County Civil Court, April 26, 2007
The firm successfully represented our client, a commercial tenant against claims brought by the New York City Economic Development Corporation in a lengthy and complex commercial holdover proceeding. In a third of a trilogy of decisions, the firm successfully obtained a stay pending appeal pursuant to CPLR 5519(a)(6). This case was newsworthy and published in the New York Law Journal on April 27, 2007.
Elliot Klein, et al. v. Morris Antebi, et al;
Kings County Supreme Court, March 28, 2007
The firm successfully represented purchaser of real estate located in Pennsylvania in claims brought by New York real estate brokers for alleged unpaid broker commissions. Successfully obtained full dismissal of all claims on the basis that the New York brokers were unlicensed in Pennsylvania, and their claims against the purchaser (as well as his children and companies) were barred under New York and Pennsylvania law. This noteworthy case was published on the front page of the New York Law Journal in March 2007.
In the Matter of Antonia Deutsch;
Kings County Surrogate’s Court, February 13, 2007
The firm successfully represented statutory distributees of a contested estate in Kings County Surrogates Court against other distributees and alleged bona fide purchasers of real property. In a lengthy decision, the Surrogate’s Court upheld the validity of our client’s claims and denied several dispostive motions.
Euro-Cut, Inc. v. Futersak;
Eastern District of New York, January 31, 2007.
The firm represented a company which provides kosher shelf stable meals to large humanitarian organizations, multi-national corporations and state, federal and foreign governments against a former employee who improperly solicited clients from our client despite a confidentiality and non-compete agreement which prohibited him from doing so.
Brooklyn Design Center, LLC v. Nutica, Ltd.;
Kings County Supreme Court, January 29, 2007
The firm successfully represented commercial property owner against claims for injunctive relief brought by an adjacent property owner seeking to direct our client to remove certain alleged obstructions, including a cantilever roof, covering a right-of-way easement running through our client’s property.
Morgan, Lewis & Bockius LLP v. IBuydigital.com Inc.;
Kings County Supreme Court, January 11, 2007
In a noteworthy case, the firm successfully represented a start-up technology company (ibuydigital.com or “ibuy”) who was sued by its law firm for alleged legal fees after a failed bid to take the company public. An article concerning this matter was published in the New York Law Journal on January 25, 2007.
Dialcom, LLC v. AT&T, et al.;
Kings County Supreme Court, October 17, 2006
In New York state court, represented privately held communications company in claims against AT&T and its affiliated entities for breach of contract, failure to pay commissions, and bad faith.
Federal Express Corporation v. L. Cohen Group, Inc.;
Kings County Civil Court, October 16, 2006
Successfully represented our client in vacating a default judgment improperly obtained against it predicated upon an unauthorized FedEx account and shipping charges attributed thereto.
New York City Economic Development Corporation v. Harborside Mini Storage, Inc.;
Kings County Civil Court, October 6, 2006
Representing commercial tenant against claims brought by the New York City Economic Development Corporation in a lengthy and complex commercial holdover proceeding. After four day post-trial hearing, obtained several favorable rulings including as to the fair market value of the premises and the amount of damages our client was entitled to recover on its successful counterclaim for partial constructive eviction.
New York City Economic Development Corporation v. Harborside Mini Storage, Inc.;
Kings County Civil Court, May 18, 2006
In New York City Civil Court, Kings County, represented commercial tenant in claims brought by the New York City Economic Development Corporation (“EDC”) in lengthy litigation concerning possession of a large commercial premises. After a six-day bench trial, won a successful bench verdict on a counterclaim for partial constructive eviction, based on a severely malfunctioning elevator, which entitled tenant to extensive monetary damages.
Jamie-Lynn Sigler and Abraxas J. Discala v. West 23rd Street LLC, et al.;
Southern District of New York, May 01, 2006
Successfully represented urban apparel company in federal court in a litigation involving its celebrity spokesperson. Issues involved included contracts, copyrights and rights of privacy and publicity.
Adams v. Washington Group, LLC;
Kings Supreme Court, April 19, 2006.
Represented a DUMBO based community theatre against a large real estate conglomerate seeking its eviction despite an oral agreement to extend its lease and make a larger space available.
Bunick v. UPN, a/k/a United Paramount Network, Jennifer Lopez, et al.;
Southern District of New York, April 11, 2006
Filed Copyright Infringement action in federal court on behalf of television writer claiming unlawful misappropriation of work by production company.
Lady John, Inc. v. Dillard's, Inc.;
Eastern District of New York, April 03, 2006
Represented clothing designer against one of the nation’s largest fashion apparel and home furnishings retailers for breach of contract and consumer fraud claims arising out of retailer’s pattern of unauthorized chargebacks and deductions.
Elul Realty Corp. v. Java New York Ltd.;
Kings County Civil Court, March 29, 2006
Successfully prevented the eviction of a privately held company based upon the inadequate description of the premises in the Landlord’s petition. This decision was published in the New York Law Journal.
Gutman, et al. v. Klein, et al.;
Appellate Division, Second Department, March 28, 2006
Successfully defended the imposition of a lis pendens based upon our client’s business partner’s fraudulent real estate transfers.
Levin v. Sirik, et al.;
Appellate Division, Second Department, March 7, 2006
Successfully dismissed complaint against individual owner of a nightclub for alleged stabbing that occurred in the nightclub by a third-party.
Van Der Zee v. Greenidge, et al.;
Southern District of New York, January 6, 2006
In a published decision, the firm successfully represented copyright owner of numerous photographs and obtained judgment against company using the photographs in violation of our client’s copyright. This decision was published in the New York Law Journal.
Gutman, et al. v. Klein, et al.;
Eastern District of New York, November 2, 2005
In federal court, represent business partner which brought a civil RICO complaint against former business partner and other related entities and people.
Steinberg, et al.; v. Bank Julius Baer & Co. Ltd., et al.;
Southern District of New York, October 3, 2005
Represented numerous parties in a complex international multi-district litigation brought against an investment bank which failed to provide the proper oversight to prevent one of its senior employees from embezzling tens of millions of dollars from numerous account holders and send out phony financial statements.
Escava v. Escava;
Kings Supreme Court, August 25, 2005
In New York state court, successfully represented a real estate partnership against charges of fraud and waste by one of the partners.
PriceFish, Inc. v. Eric Stern;
Eastern District of New York, June 21, 2005
Successfully represented emerging website corporation in federal litigation against former employee who hijacked the website’s domain name registration and other confidential property, seeking injunctive relief and damages under Consumer Anti-Cybersquatting Act; after a hearing in federal court, successfully obtained transfer of ownership of the domain name back to the website.
Klein v. Gutman;
Appellate Division, Second Department, November 1, 2004.
Represented business partner in dispute over ownership of dozens of comerciial and residential properties in New York City.
Big Apple Photo, LLC v. Data Capture Consultants, Inc.;
Eastern District of New York, August 24, 2004
Successfully represented a merchant in federal court in a complex commercial litigation involving its charge card procesor and merchant service provider.
John D. Clarke, v. Mathew A.T. Clarke and Mdmd, Inc.;
Eastern District of New York, June 18, 2004
Successfully represented a writer of musical compositions in federal court in connection with a copyright infringement matter involving various published and recorded musical works.
Gucci America, Inc. v. Duty Free Apparel, Ltd.;
Southern District of New York, August 6, 2003, October 6, 2003, December 19, 2003, and April 23, 2004.
Represented commercial defendant in federal court on claims relating to trademark infringement, copyright infringement, counterfeiting, piracy, anti-dilution, unfair competition and Lanham Act claims.
Moonstruck Design, LLC v. Metz;
Southern District of New York, August 7, 2002.
Represented well known jewelry company in federal court seeking to enforce ownership over certain jewelry designs involving misappropriation of trade secrets and copyright infringement by former employees.
