Andrew J. Urgenson

Practice Experience

Mr. Urgenson is an experienced commercial litigator who represents businesses and individuals in federal and state court actions, arbitrations, and administrative proceedings throughout the country. He focuses his practice on contract, business tort, employment and real estate litigations.

Known for impactful litigation strategies and practical advice, Mr. Urgenson is proud to have consistently delivered excellent results for his clients. Below are some of Mr. Urgenson’s representative successes in his various practice areas.

Representative Matters

In contract and business tort litigations, Mr. Urgenson:

• Obtained multi-million dollar arbitration award for damages and attorneys’ fees in hotly disputed partnership dispute between the owners of a chain of Manhattan retail stores and $85 million building in midtown, and successfully defended that award through confirmation proceedings and appeal.
• Successfully defeated federal commercial bribery action brought by worldwide electronics manufacturer, obtained dismissal of the action, two attorneys’ fees awards and press release that cleared client of any wrongdoing.
• Obtained favorable settlement for telecommunications broker in commissions case against Fortune 500 telecommunications company.
• Obtained dismissal of member derivative action alleging breach of fiduciary duty against corporate officer for lack of standing and failure to state a cause of action.
• Obtained dismissal of RICO claims brought by a merchant service company against an electronics retailer.
• Defeated motion to dismiss LLC member derivative action alleging embezzlement and director mismanagement.  
• In breach of contract action, defeated motion to dismiss claim against company’s principal officer to pierce the corporate veil and hold him personally liable for corporation’s liabilities.  
• Successful defense of numerous adversary proceeding defendants in several separate actions commenced by bankruptcy trustee seeking to recover allegedly fraudulent transfers.
• Obtained favorable settlement for owner of New York City restaurant in dispute with co-owner alleging fraud after defeating pivotal preliminary injunction motion.
• Obtained order dismissing a defamation action against an established New York Rabbinic Council based on First Amendment grounds.

In labor and employment litigations, Mr. Urgenson:

• In representation of nationwide home warranty company, successfully defeated motion for a TRO and preliminary injunction to enforce various non-compete and non-solicitation agreements, which resulted in the plaintiff voluntarily dismissing the case.
• In representation of prominent public relations company, successfully briefed and orally argued opposition to class certification motion in an unpaid intern class action. Quoted in precedent setting opinion featured in NY Law Journal.
• Obtained favorable settlement for hedge fund manager in employment dispute with the majority shareholder involving claims for fraud, breach of fiduciary duty and conversion of corporate assets.
• In representation of the Winter Village at Bryant Park, successfully briefed and orally argued motion for summary judgment in federal overtime class action. Argued appeal before the Second Circuit.  Case featured in NY Law Journal and Law.com.
• Obtained favorable settlement on behalf of defendants in multiple disputes between two nationwide companies and six employees alleging theft of trade secrets, breach non-compete agreements, and tortious interference with contracts.
• After Federal Court evidentiary hearing, obtained an order on behalf of an employer enforcing an unsigned arbitration and class action waiver agreement against a class action plaintiff alleging federal and state labor law violations.
• Obtained favorable settlement for employee of major financial institution alleging discrimination and hostile work environment. 

In real estate litigations, Mr. Urgenson:

• Successfully defeated motion to dismiss fraud and rescission counterclaims against world-wide mall operator who sued client for breach of its lease at World Trade Center. Decision featured in the Real Deal.
• Obtained favorable settlement in a highly publicized partnership dispute between the owners of Manhattan real estate brokerage and various other real estate businesses. Settlement featured in the Real Deal.
• Obtained summary judgment on behalf of real estate developer dismissing complaint alleging breach of contract.
• Authored successful appeal to the Appellate Division on behalf of the seller in a real estate contract, securing reversal of an order granting specific performance to plaintiff and denying summary judgment to seller.
• In representation of a prominent real estate developer, successfully obtained dismissal of two related foreclosure actions on the grounds that the lender manufactured a default under mortgage documents in an attempt charge an exorbitant default rate of and interest and take title to two of the client’s valuable Manhattan properties through a foreclosure sale.
• Obtained summary judgment on behalf of real estate developer dismissing complaint alleging breach of contract.
• Obtained restraining order against New York City Department of Buildings from enforcing vacate and closure order issued against a popular New York City nightclub. 
• Secured order vacating the appointment of a receiver on real property in foreclosure action.  

Activities

Member of New York City Bar Association

Admissions

New York State

• United States Court of Appeals for the Second Circuit
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• Appellate Division of the Supreme Court of the State of New York First Judicial Department

Wisconsin

• United States District Court for the Eastern District of Wisconsin

Michigan

• United States District Court for the Eastern District of Michigan

Education

J.D. Benjamin N. Cardozo School of Law
B.A. University of Delaware