Recent Achievements

Motion to Vacate Denied

A large financial institution brought an eviction suit against our client. We successfully moved to dismiss the suit. This was an important win for our client who was living in the apartment and was facing imminent eviction. The bank then brought a motion with the court to vacate (void) the judgment dismissing the suit and to continue attempting to evict our client from his home. This was a potential substantial blow for our client who had moved on with his life and was in the process of renegotiating his mortgage. To our client's delight we successfully opposed the bank's request. The court permanently dismissed the bank's lawsuit and allowed our client to continue residing in his home.

Vigorous Opposition to Defense Motion Saves Client Time and Resources

Upon our filing our brief in support of our appeal in the Appellate Division, First Department, defense counsel submitted a motion seeking to dismiss our appeal and to exclude critical documents from the record on appeal to be considered by the court. We opposed the motion with such vigor that upon our serving same, counsel immediately withdrew its motion prior to the Court even deciding the motion. This remarkable result was advantageous not only because we saved our client considerable time and resources by eliminating the need to further litigate the matter, but also because the documents at issue were vital to our client's case and the court reaching a determination on the merits.

Immediate Settlement Effectuated

This firm was hired to represent an interior designer in a contract dispute case. The interior designer had performed a substantial part of the work for a client who raised no objection to the quality of the work performed and, in fact, repeatedly informed our client that she was very happy with the work. However, when the interior designer provided her client with invoices for the work performed, she received no response. After months of unsuccessfully attempting to collect the outstanding balance, upon our retention, within three weeks -- following minimal but effective negotiations and without any court intervention -- our client received a settlement check for the amount sought.

Party Reinstated For Day In Court

Our client -- a landowner in Midtown Manhattan -- sued when large conglomerates damaged his property. During the course of the litigation, the corporate defendants persuaded the judge, through purported technicalities and erroneous legal arguments, to dismiss the individual plaintiff from the suit. This was a major blow to our client, who would have been denied his day in court and the justice he deserved had the judge's decision remained in place. In an effort to reinstate our client as a party to the suit, we moved to reargue and renew the underlying motion – a long shot given that we were essentially requesting that the judge reverse her own prior decision. Nonetheless, we succeeded, and to our client's delight, secured his reinstatement in the litigation.

Injunctive Relief Granted Through Order To Show Cause

This firm represented the owner of a commercial building who was a co-defendant in a personal injury action by a worker against one of the building's tenants/business owners. Our client was faultless, and the tenant was required to indemnify our client for any responsibility. Almost immediately after the suit was commenced, the tenant, who had recently signed a seven-year lease renewal and was a significant flight risk, approached our client seeking approval to assign his commercial lease and sell his business. The tenant subsequently attempted to persuade our client to agree to his demands. Fearing that the tenant was planning to flee the jurisdiction in order to evade liability, this firm asked the judge to prohibit the sale of the tenant's business pending the disposition of the lawsuit. Despite a long-standing tradition of the court's unwillingness to restrict an individual's right to do as she pleases with her property, the judge restrained the tenant from selling his business thereby ensuring that our client would not bear the burden of the tenant's mistakes.

Eviction Proceeding Dismissed

A major bank foreclosed on our client's home and then commenced eviction proceedings. Our client was faced with the imminent reality of life on the streets then came to us for help. Despite the fact that a foreclosure judgment had been entered and the client was on the verge of eviction, we served substantial discovery demands, followed up on outstanding responses to those demands, and subsequently moved the court for dismissal of the action based on failure to comply with discovery and the bank's lack of standing. Based on our motion, the court permanently dismissed the entire eviction proceeding and our client was able to remain in his home. This was a particularly satisfying result given the fact that our client was up against one of the major banks and all the resources at its disposal in this post recession era when individuals continued to be evicted from their homes at an alarming rate.

Young Entrepreneur Saved From Non-Compete Contract Provision

A young marketing and sales rep in the beauty industry retained this firm when a non-compete agreement she signed with a former employer made it impossible for her to work in New York. She had signed the contract at the beginning of her career when she was eager to gain employment and was unaware of the consequences of agreeing to such severe restrictions on future employment. She approached this firm when her former employer had started legal proceedings against her for breach of contract. They also filed a motion for injunctive relief seeking to prohibit her from working and to gain access to her phone and computer files. We looked closely at the contract -- which was a boilerplate contract that was unfairly one-sided and overly burdensome -- and presented the employer's attorney with several reasons why the contract was unenforceable. As a result of our diligence, we successfully effectuated the dismissal of both the motion for injunctive relief and the lawsuit itself within weeks, without having to even respond to the complaint - which significantly reduced time and costs. To our client's further delight, we also managed to convince the employer to revoke the non-compete agreement.

Misappropriation Claims Resolved Pre-Answer

Our client was sued for misappropriation of confidential client information and trade secrets. Within weeks, without even having to respond to a motion for injunctive relief or the complaint, we negotiated the withdrawal of both. Our young entrepreneurial client was ecstatic as she retained rights to compete and solicit. Again we convinced the plaintiff employer to revoke the non-compete agreement.

Favorable Resolution for Policyholder Against Major Insurer in Federal Insurance Coverage Dispute Litigation

Our client was one of the countless unfortunate victims of Superstorm Sandy, whose business was totally destroyed. He sought insurance coverage and was summarily denied by his carrier based on the absence of a flood policy. Due to the obvious water damage, a prominent insurance coverage firm refused to represent him. Upon a detailed analysis of the voluminous insurance policies involved, we took the case on and filed suit. The insurer removed the case to federal court, Eastern District of New York. Despite overwhelming odds and a strong motion, our breach of contract claim survived and the judge denied the insurer's request to dismiss our claim for consequential damages above and beyond the policy limit. The insurer's potential exposure thus vastly increased. The case settled shortly thereafter and our client was extremely pleased.

Expeditious Settlement Reached in Interstate Franchisor/Franchisee Dispute

An ironclad franchise agreement appeared to obligate our corporate client/the franchisee to pay the franchisor significant funds in connection with a purported breach of the franchise agreement. After reviewing the client file and conducting negotiations with opposing counsel we secured a settlement agreement whereby our client agreed to pay well less than half of what was initially sought. Our client was thrilled.

Full Insurance Coverage Provided Following Submission of Appeal to Major Insurer

A major international health care provider denied our client's claim for coverage pertaining to significant medical treatment that she desperately needed in order to live her life. The amount in question was in the hundred thousand dollar range. The provider's basis for denial was an eminently reasonable basis under the circumstances. It thus appeared our client stood no chance of securing coverage for her claim. Following our retention, we diligently reviewed the client's entire file and prepared a substantive appeal letter to the insurer. Our client was extremely pleased to subsequently learn that we succeeded in our appeal. The insurer agreed with our arguments and reversed their decision and our client was awarded the full coverage amount that she was seeking.

Successfully Opposed Motion to Dismiss Complaint in Commercial Breach of Contract Action

Within days of being retained on an emergent basis in a highly disputed commercial contract matter we successfully opposed a motion to dismiss the complaint while simultaneously drafting, filing, arguing and succeeding on a motion to amend the complaint. By succeeding on our cross-motion we significantly altered the complexion of the case and vastly increased our client's potential recovery many times over.

Favorable Settlement Reached Without Litigation in Contract Dispute Case

Our client contacted us because she was facing an imminent proceeding in which the petitioner was seeking well into the six-figures in monetary compensation. In a matter of weeks, without the need for litigation or any other type of legal proceeding, the firm secured a fully executed settlement agreement whereby the parties agreed to a payment amount that was well less than half of what the petitioner initially sought. Our client was immensely satisfied.

New York State Unemployment Insurance Appeal Board's Improper Decision Against Corporate Client Reversed

Our corporate client was improperly found liable to pay unemployment benefits to a former employee. Upon our review of the file and communications with the client it appeared clear to us that the facts did not support such an award. Although the Unemployment Board's decisions are rarely overturned we nonetheless successfully drafted and submitted an appeal. The Appellate Court overturned the decision and our client was properly excused from any further payment obligation.