AREAS OF PRACTICE
Disagreements are part of business, but not all disputes can be resolved without outside intervention. If a settlement between parties cannot be negotiated, and alternative dispute resolution (ADR) is not appropriate, litigation may be the best course of action. In state and federal courts, we have successfully represented both individual and corporate clients in a wide range of legal matters including breach of contract, partnership disputes, fraud, real property actions, breach of fiduciary duty, and other related commercial matters. In addition, we represent individuals and companies in the enforcement of judgments and collections of large sums of money that are due.
- Successfully argued that the Appellate Division should reverse the trial court’s dismissal of the client’s complaint against one of the defendants alleging, inter alia, a violation of Judiciary Law § 487, stemming from substantial fraud and deceit; the reversal was a rarity, as Judiciary Law § 487 claims are notoriously difficult to pursue given the quantum of proof of intent to deceive and causation of harm that the trial courts require. See Abraham Klein v. Samuel Rieff et al., 135 A.D. 3d 910, 24 N.Y.S. 3d 364 (2d Dep’t. 2016).
- Successfully argued that the Appellate Division should reverse the trial court’s denial of a cross-motion for summary judgment on a counterclaim to recover damages for breach of contract and for liability, because it was uncontroverted that the plaintiff failed to obtain the insurance required by a lease, and the plaintiff had notice of a defective condition but failed to remedy the problem as required under a lease. See Yofi Book Publ’g, Inc. v. Wil-Brook Realty Corp., 287 A.D.2d 712, 732 N.Y.S.2d 238 (2d Dep’t. 2001).
- Successfully argued before the Appellate Division that the appellant failed to demonstrate a meritorious defense to confirmation of an arbitration award and was therefore not entitled to vacate the confirmation order and the judgment that had been entered on default. See Miklos Weinstock et al. v. Thomas Lieberman et al., 128 A.D. 3d 980, 10 N.Y.S. 3d 276 (2d Dep’t. 2015).
(Prior results do not guarantee a similar outcome)
Insurance Claims and Litigation
Insurance companies make money by collecting premiums, not by paying claims. People and businesses turn to their insurance companies when they suffer losses, and expect to be treated fairly, but unfortunately, too often insurance companies do not uphold their obligations under a policy. We represent insureds in presenting claims and in disputes with insurance companies who try to deny insurance claims and coverage, and have resolved or litigated claims under a wide range of policies, including disability, property, long-term care and life insurance policies.
There are times when litigated controversies result in appeals. While appeals cannot always be avoided, they can be anticipated. Our strategy is proactive, not reactive. Even before litigating a case, we consider the larger picture, developing or isolating issues which could be used if and when an appeal comes into play. Our appellate practice is fully integrated with our litigation practice. This integrated approach provides the best-rounded perspective on a case and enables us to provide the best service to our clients. Our firm has a track record of being successful in achieving significant benefits in the appeals process.
Arbitration is a quasi-trial in which a neutral person (or panel) conducts hearings, considers evidence, and issues awards based on the merits of the case. Arbitration may be voluntarily if both parties agree, or mandatory based on contractual agreement. The arbitration award or decision is subject to a very limited judicial review. The advantages of arbitration are (a) lower legal fees due to the streamlined process; (b) less time lost from the client’s schedule due to a generally shorter process; (c) awards can remain confidential and shielded from public scrutiny; (d) avoiding public disclosure of trade secrets or other sensitive technical, business or financial information; and (e) avoiding the risk of setting a precedent in court. Our firm has extensive experience arbitrating matters, as well as in pre-arbitration and post-arbitration court actions, including confirmation of arbitration awards and actions to compel arbitration.
General Business Law
Our firm represents businesses in diverse transactional and operational matters. We have advised businesses from the embryonic stages into successful and profitable entities. We also assist businesses in handling issues that arise day-to-day, and avoiding later controversies and disputes. We have a wealth of experience in addressing complex business matters and drafting agreements that will protect our clients’ interests while helping promote a healthy and prosperous business relationship.