Real Estate, Construction
Board of Managers of Lore Condominium v. Gateway IV LLC, 169 A.D.3d 617, 2019.
Appellate Division affirms trial court’s dismissal of fraudulent inducement cause of action as duplicative of breach of contract cause of action in construction dispute.
Board of Managers of Lore Condominium v. Gaetano, 139 A.D.3d 550, 2016.
Wallkill Medical Development, LLC v. Catskill Orange Orthopaedics, P.C., 131 A.D.3d 601, 2015.
Appellate Division affirms denial of Defendant’s motion to dismiss fraud, negligence and fiduciary duty-based claims arising from LLC partner’s default on lease.
Wallkill Medical Development, LLC v. Sweet Constructors, LLC, 83 A.D.3d 695, 2011.
Appellate Division affirms trial court’s judgment holding that Plaintiff had standing to assert causes of action under N.Y. lien law and awarding damages to plaintiff as against contractors.
Wallkill Medical Development, LLC v. Sweet Constructors, LLC, 56 A.D.3d 764, 2008.
Corsi v. Vroman, 37 A.D.3d 397, 2007.
Appellate Division reversed a trial court decision incorrectly granting order of attachment in a case alleging fraud and breach of duty.
Matter of Estate of Carmer, 71 N.Y.2d 781, 1988.
N.Y. Court of Appeals reverses Appellate Division’s holding in will contest that decedent intended to leave her cooperative apartment to her relatives even though her will bequeathed “all of her shares of common or preferred stock” to her executor.
Personal Injury; Wrongful Death
Larionova v. Nacovsky, 165 A.D.3d 1245, 2018.
Appellate Division reversed trial court order improperly granting summary judgment to Defendant in personal injury action.
Hollis v. Marinelli, 149 A.D.3d 922, 2017.
Appellate Division reversed trial court decision in wrongful death action as digital video evidence demonstrated that Defendant driver was negligent and that decedent was free from comparative fault.
Smith v. Socialist People’s Libyan Arab Jamahiriya, 101 F.3d 239, 2nd Cir.,1996.
United States Court of Appeals holds that Foreign Sovereign Immunities Act, before recent amendment, does not subject Libya to jurisdiction in suit by families of victims of terrorist bombing of Pan Am Flight 103 over Scotland. Leaves open question of whether amendment provides remedy.
Fraud, Fiduciary Duty, Negligence
Wallkill Medical Development, LLC v. Catskill Orange Orthopaedics, P.C., 131 A.D.3d 601, 2015.
Appellate Division affirms denial of Defendant’s motion to dismiss fraud, negligence and fiduciary duty-based claims arising from LLC partner’s default on lease.
Wallkill Medical Development, LLC v. Sweet Constructors, LLC, 83 A.D.3d 695, 2011.
Appellate Division affirms trial court’s judgment holding that Plaintiff had standing to assert causes of action under N.Y. lien law and awarding damages to plaintiff as against contractors.
Wallkill Medical Development, LLC v. Sweet Constructors, LLC, 56 A.D.3d 764, 2008.
Contracts
Nanjing USA, Inc. v. LaMonica, 87 A.D.3d 460, 2011.
Appellate Division affirms trial court decision awarding to Plaintiff the escrow deposit paid on a contract as liquidated damages and referred the matter to referee to determine attorney’s fees owed to Plaintiff.
Benefits Exp., LLC v. Republic Bank and Trust Co., 06 CIV. 3885 (SAS), 2006.
United States District Court upholds arbitration award against bank due to its breach of an asset purchase agreement.
Alcatel Space, S.A. v. Loral Space & Communications Ltd., 2002 WL 1391819
Represented satellite manufacturer in obtaining confirmation and enforcement of international arbitration award.
Attorneys’ Fees
Nanjing USA, Inc. v. LaMonica, 87 A.D.3d 460, 2011.
Appellate Division affirms trial court decision awarding to Plaintiff the escrow deposit paid on a contract as liquidated damages and referred the matter to referee to determine attorney’s fees owed to Plaintiff.
Criminal
DiSimone v. Phillips, 518 F.3d 124 (2d Cir. 2005)
Second Circuit Court of Appeals affirms District Court’s grant of writ of habeas corpus and vacated conviction for depraved indifference murder due to the State’s failure to turn our exculpatory evidence.
Trusts & Estates
Matter of Estate of Carmer, 71 N.Y.2d 781, 1988.
N.Y. Court of Appeals reverses Appellate Division’s holding in will contest that decedent intended to leave her cooperative apartment to her relatives even though her will bequeathed “all of her shares of common or preferred stock” to her executor.
Civil Forfeiture
Goldstock v. Restrepo, 209 A.D.2d 378, 1994.
Appellate Division affirms trial court’s dismissal of civil forfeiture proceeding commenced by NYS Attorney General.
Goldstock v. Restrepo, 158 Misc.2d 329, 1993.
Discovery
Air Crash at Belle Harbor, NY, 490 F.3d 99 (2d Cir. 2007)
Represented manufacturer in obtaining dismissal of appeal of discovery orders issued by District Court.
Contempt
Mones v. Commercial Bank of Kuwait, S.A.K., 399 F.Supp.2d 310 (S.D.N.Y. 2005)
Represented international bank in obtaining denial of motion for turnover order and contempt order regarding assets held in overseas accounts.
ACLI Government Securities, Inc. v. Rhoades, 1995 WL 540274, S.D.N.Y., 1995.
District Court entered order enjoining Defendant from commencing further vexatious litigation against the Plaintiff and its attorneys.
ACLI Government Securities, Inc. v. Rhoades, 212 A.D.2d 781, 1995.
Class Action
Stutts v. De Dietrich Group, 2005 WL 3158038 (E.D.N.Y)
Represented international bank in putative class action brought on behalf of approximately 100,000 U.S. Veterans of 1991 Gulf War; eventually dismissed on motion by District Court.
Miscellaneous Other Civil & Criminal Reported Decisions
Note: numerous other matters in each category above are never reported.