Motion to Dismiss Defeated
In a breach of contract action this firm brought on behalf of a small one-man shop out of Long Island, New York against a large national corporation, defendant corporation filed three separate motions to dismiss the complaint on separate grounds at three separate junctures throughout the litigation. This firm successfully defended against each motion. The defendant corporation moved on both substantive and procedural grounds and lost on all counts. Most recently, the Court even denied defendant’s alternative request for further discovery as we opposed arguing defendant had waived its rights through its conduct. The case lives on, we filed for summary judgment, and we hope to report soon either that judgment was entered in favor of our client or that a favorable settlement was reached.
November 13, 2023
Case Dismissed Against Defendant New York Landowner
Our client – the landowner – was sued, along with the business owner tenant, by a contractor who purportedly fell from the roof while performing work at the premises. Specific New York labor laws – which impose a non-delegable duty on property owners and impost liability against property owners even when they do not supervise or control the work being performed – applied. Immediately, this firm filed for an injunction preventing the business owner from selling, transferring or otherwise disposing of the business as doing so could have damaged my client. We secured that injunction. Next, this firm closely read the plaintiff’s medical records and closely analyzed the records in evidence and determined that the plaintiff’s allegations were questionable. Despite the “absolute liability” typically imposed on landowners, this firm successfully defeated plaintiff’s motion for judgment prior to trial (summary judgment). Following negotiations, the case settled – with zero contribution from this firm’s client – and was discontinued as against our client. Our client was pleased that it incurred no liability, no financial obligation, an no impact on its insurance policy.
September 19, 2022
Medical Report Sealed From the Public
To demonstrate my client’s damages, we submitted a medical report. But we did not want that report to be public, and the court file in this civil lawsuit was public. Therefore, we moved the court to seal the report, even though the report had been previously voluntarily filed by my client. We succeeded. Despite the “customary and constitutionally-embedded presumption of openness in judicial proceedings,” the requirement that a party must “demonstrate compelling circumstances to justify restricted public access,” and the fact that the relevant appellate court (the First Department) has been “reluctant to allow the sealing of court records, even when both parties have presented a joint application,” this firm successfully demonstrated to the court (without a joint application) my client’s entitlement to an order sealing his medical report. The court held that “the public interest  is outweighed by his privacy rights in keeping such information from public view.”
July 28, 2022
Preliminary Injunction And Temporary Restraining Order Granted
When it came to my attention that my client’s associate company in a joint venture was breaching its contractual obligations by excluding my client from crucial communications with an important business entity, my firm filed an emergency application seeking an order prohibiting the wrongdoer from any further related communications and negotiations absent my client’s contemporaneous involvement. Upon submission of our papers and an emergency hearing on the matter, the temporary relief was granted in full. Because I won affirmative relief for our client, this outcome had an immediate and practical effect because my client’s associate began to immediately comply with the order in full. This was an important victory for my client who was sustaining significant harm at the hands of the wrongdoer.
Breach Of Contract Cause Of Action Survives
My firm was hired to represent a production company when the defendant organization attempted to unilaterally terminate their contractual relationship. When it became clear that the opponent had no intention of complying with its contractual obligations and had, instead, entered into a direct contractual relationship with another company to cut my client out of the deal, I commenced action. The opponent hired a powerful global firm that is consistently ranked in the top 5 of the global 100 law firms to represent it in the matter. It utilized its influence and resources to bring a motion to dismiss all claims in the complaint claiming that the contract was not a binding contract. It lost. I vigorously opposed the motion and made it abundantly clear to the court that our client satisfied “preconditions,” rendering the contract binding. Upon full submission of motion papers and multiple hearings on the matter, the presiding judge ruled in our favor and refused to dismiss my client’s breach of contract cause of action, thus ensuring my client’s continued fight for justice.
Motion To Dismiss The Complaint Denied
I commenced a malpractice action on behalf of one of my clients who suffered significant losses as a result of the negligent representation by a professional my client had hired to represent his interests. Rather than answer the complaint, the opponent aggressively filed a motion to dismiss. The defendant asserted strong arguments, and a malpractice cause of action is difficult to maintain. However, defendant’s strategy backfired because I filed stronger opposition papers highlighting the omissions, failures and mistakes of the opponents. I followed this up with strong oral argument at the hearing, and the judge immediately denied the motion in full from the bench.
Motion To Conduct Discovery In Eviction Proceeding Granted
Eviction proceedings in New York City Housing Courts are summary in nature and, as such, discovery is only available by leave of the court. Moreover, it is very unusual for judges to grant a party permission to conduct discovery absent a showing that there is ample need for the requested discovery and, even then, the discovery demand must be carefully tailored and likely to clarify the disputed facts. A tenant approached my firm upon being served with a hold-over petition seeking to evict him from his home. The purported “owner” of the apartment attached multiple deeds and sale contract documents purportedly transferring title of the apartment to the “owner.” On their face, those sale documents appeared to be legitimate, leaving my client with little option other than to find another place to live. However, upon careful review, I discovered that these sale documents contained multiple omissions, were contradictory and were not properly executed, thus calling into question the purported “owner’s” right to evict my client. As such, despite the fact that discovery is rarely granted in eviction proceedings, I made a motion with the court to conduct discovery in an attempt to ascertain the true owner of the apartment. The motion was successful, and the opponent was ordered to provide clear documentary proof that he was the owner of the apartment or to certify that such documents were not available, thus providing my client with a potential ground upon which to dismiss the eviction proceeding. Ingenuity and attention to detail are hallmarks of my firm.
Interests Resurrected Following Judgment And Foreclosure Sale
Before he retained the services of my firm, due to the neglect and ineffective assistance of his prior attorney, my client had a default judgment of foreclosure entered against him on an apartment he owned for investment purposes. Despite the fact that it appeared that he had lost his case because the court had entered a judgment against him, in zealous advocacy for my client, I promptly mounted a vigorous challenge to vacate the court’s default judgment on the grounds that the bank failed to attach critical documents and show ownership of the apartment. However, due to the woefully inadequate counsel the client had received, the court failed to get a complete picture of the client’s case during the initial proceeding and was unable to revisit the issue at that point without new facts and information.
I therefore did what my firm has always excelled at — combining creative, out-of-the-box litigation strategies with diligent and meticulous fact-finding. I immediately initiated discovery, closely reviewed discovery documents to unearth any information beneficial to my client that his prior attorney had overlooked. It soon came to my attention that the bank that purchased the premises had not successfully served my client with a notice of foreclosure when it initiated the foreclosure action. Under New York law, a party subject to a foreclosure action is entitled to service of all papers related thereto, including the notice of foreclosure. The failure to comply with the service requirements is grounds for vacating the initial foreclosure judgment.
Thus, I moved by emergency application to vacate the sale and renotice the foreclosure sale. Opposing counsel, recognizing that I had the upper hand, immediately offered the exact relief which I requested. This was a huge win for my client because not only did he maintain ownership of the apartment and achieve his goal, he also avoided the time and expense associated with protracted litigation.
Rogue Tenant Ordered To Pay Tens Of Thousands In Back Rent
After months of unsuccessful negotiations, a landlord approached my firm hoping to recoup tens of thousands of dollars from a commercial tenant who refused to pay rent and refused to vacate the premises. Upon retaining my firm, I commenced expedited proceedings in Housing Court seeking to recover the back rent owed and the eviction of the tenant. Within weeks, the matter was before a judge who ordered the tenant to repay what was owed to my client — tens of thousands of dollars. The tenant paid and then vacated the premises days later.
Former Employee Who Opened Competing Business Ordered To Cease And Desist
A business owner retained my firm after seeing a significant decrease in sales when a former employee opened a competing business in the same neighborhood in violation of a noncompete agreement. The former employee had utilized confidential proprietary information to steal our client’s customers and to launch a deceptively similar store with the aid of misappropriated business practices and marketing plans. After an emergency trial on the matter, my application for a restraining order was granted in full, and the former employee was ordered to immediately cease further utilizing the misappropriated information, communicating with former clients, contracting with my client’s vendors and selling exclusive products. The former employee was further ordered to immediately return all marketing plans, advertising strategies, vendor lists and records containing customer contact information.
Unprecedented Dismissal Of Two Eviction Proceedings Allows Client To Remain In His Home
After losing his home to foreclosure during the global financial crisis, my client retained my firm to defend against an eviction proceeding commenced by the bank that foreclosed on the premises. My firm answered the petition and asserted multiple affirmative defenses, including lack of standing to bring an eviction proceeding. During discovery, I analyzed documents and communications exchanged, and determined I had grounds to move for dismissal. I also successfully opposed the bank’s request for monthly escrow payments during the pendency of the action. The action lasted in excess of one year, all the while with my client remaining in his home. Although the bank had colorable arguments, I successfully moved to dismiss the petition with prejudice based on lack of standing, as I demonstrated that the bank had apparently sold the property. The bank’s motion to vacate that order was denied, with prejudice.
Shortly thereafter, the bank, in fact, sold the premises to a third party who commenced a second eviction proceeding against this same client. This was a considerable blow to my client, who had been fighting to stay in his home for over a year and hoped that dismissal of the first eviction proceeding would allow him to live in his home in peace. In zealously advocating for my client, I cautioned opposing counsel that he would face a similar outcome of dismissal. Counsel nonetheless proceeded with the suit, despite my attempts to settle the matter. Once again, I raised multiple affirmative defenses in the answer, including the petitioner’s failure to attach all necessary documentation to its notices as well as lack of standing. In addition, exhibiting its out-of-the-box approach and personalized attention my firm employs as a matter of practice, I requested the right to discovery, and during document exchange asked for and received contract-related documents that I analyzed closely and were able to utilize in moving to dismiss this second petition as well. This, despite the fact that discovery is generally not requested, let alone permitted, in Civil Court. The sale documents contradicted the deed and the purported buyer neglected to attach appropriate documentation to his petition papers. Again, I offered to settle and again petitioner was unwilling to do so on reasonable terms. Thus the case went to trial. My firm prevailed. This case too was dismissed. Needless to say, the client was and remains overjoyed. Again, he was able to remain in his home throughout the pendency of the second action (another year) and remains there to date.
The affirmative defenses I asserted in my answers paved the way for both decisions resulting in the dismissal of the cases. In fact, in his written decision dismissing the suit the trial judge cited my affirmative defenses as the basis for his decision. Retaining a smaller firm has its benefits. It is almost unprecedented to have multiple eviction proceedings against the same individual regarding the same premises dismissed. My firm forges strong relationships with clients. I utilize my unique knowledge of clients and their needs, in addition to my in-depth knowledge of procedure and law, to develop individualized and long-term strategies for clients.
Motion To Vacate Denied
A large financial institution brought an eviction suit against my client. I successfully moved to dismiss the suit. This was an important win for my 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 my client from his home. This was a potential substantial blow for my client who had moved on with his life and was in the process of renegotiating his mortgage. To my client’s delight I successfully opposed the bank’s request. The court permanently dismissed the bank’s lawsuit and allowed my client to continue residing in his home.
Vigorous Opposition To Defense Motion Saves Client Time And Resources
Upon filing a 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. I opposed the motion with such vigor that upon my serving same, counsel immediately withdrew its motion prior to the court even deciding the motion. This remarkable result was advantageous not only because I saved my client considerable time and resources by eliminating the need to further litigate the matter, but also because the documents at issue were vital to my client’s case and the court reaching a determination on the merits.
Immediate Settlement Effectuated
My 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 my 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 — my client received a settlement check for the amount sought.
Party Reinstated For Day In Court
My 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 my 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 my client as a party to the suit, I moved to reargue and renew the underlying motion – a long shot given that I was essentially requesting that the judge reverse her own prior decision. Nonetheless, I succeeded, and to my client’s delight, secured his reinstatement in the litigation.
Injunctive Relief Granted Through Order To Show Cause
My 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. My 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 my client seeking approval to assign his commercial lease and sell his business. The tenant subsequently attempted to persuade my client to agree to his demands. Fearing that the tenant was planning to flee the jurisdiction in order to evade liability, my 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 my client would not bear the burden of the tenant’s mistakes.
Eviction Proceeding Dismissed
A major bank foreclosed on my client’s home and then commenced eviction proceedings. My client was faced with the imminent reality of life on the streets then came to me for help. Despite the fact that a foreclosure judgment had been entered and the client was on the verge of eviction, I 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 the motion, the court permanently dismissed the entire eviction proceeding, and my client was able to remain in his home. This was a particularly satisfying result given the fact that my client was up against one of the major banks and all the resources at its disposal in this post-recession era when individuals continue to be evicted from their homes at an alarming rate.
Young Entrepreneur Saved From Noncompete Contract Provision
A young marketing and sales rep in the beauty industry retained my firm when a noncompete 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 my 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. I 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 my diligence, I 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 my client’s further delight, I also managed to convince the employer to revoke the noncompete agreement.
Misappropriation Claims Resolved Preanswer
My 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, I negotiated the withdrawal of both. My young entrepreneurial client was ecstatic as she retained rights to compete and solicit. Again I convinced the plaintiff employer to revoke the noncompete agreement.
Favorable Resolution For Policyholder Against Major Insurer In Federal Insurance Coverage Dispute Litigation
My 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, I 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, my breach of contract claim survived and the judge denied the insurer’s request to dismiss the claim for consequential damages above and beyond the policy limit. The insurer’s potential exposure thus vastly increased. The case settled shortly thereafter, and my client was extremely pleased.
Expeditious Settlement Reached In Interstate Franchiser/Franchisee Dispute
An ironclad franchise agreement appeared to obligate my corporate client/the franchisee to pay the franchiser significant funds in connection with a purported breach of the franchise agreement. After reviewing the client file and conducting negotiations with opposing counsel, I secured a settlement agreement whereby my client agreed to pay well less than half of what was initially sought. My client was thrilled.
Full Insurance Coverage Provided Following Submission Of Appeal To Major Insurer
A major international health care provider denied my 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 my client stood no chance of securing coverage for her claim. Following my retention, I diligently reviewed the client’s entire file and prepared a substantive appeal letter to the insurer. My client was extremely pleased to subsequently learn that I succeeded in the appeal. The insurer agreed with my arguments and reversed their decision, and my 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 I 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 the cross-motion I significantly altered the complexion of the case and vastly increased my client’s potential recovery many times over.
Favorable Settlement Reached Without Litigation In Contract Dispute Case
My client contacted me 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, my 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. My client was immensely satisfied.
New York State Unemployment Insurance Appeal Board’s Improper Decision Against Corporate Client Reversed
My corporate client was improperly found liable to pay unemployment benefits to a former employee. Upon my review of the file and communications with the client it appeared clear to me that the facts did not support such an award. Although the Unemployment Board’s decisions are rarely overturned I nonetheless successfully drafted and submitted an appeal. The Appellate Court overturned the decision, and my client was properly excused from any further payment obligation.
Prior results do not guarantee a similar outcome