Representative experience

Complex commercial

• In a controversy lasting almost 20 years, handled the successful  defense of a nonprofit and one of its directors against  claims on various grounds by a developer of property in the Lower East Side of Manhattan for interference with the developer’s alleged “right” to proceed with the project 
  • Singer v, DeBlasio,2024 WL 130001, 2024 N.Y. Slip Op. 30153(U); Singer v City of New York,
  • 417 F.Supp.3d 297  (SDNY 2019) (motion to dismiss) and 2022 WL 4536818 (motion to amend/reargue)
• Prosecution of several cases on behalf of a medical malpractice insurer against doctors covered by the insurer’s policies for refusing to pay their assessments.
• Defense of Chinese company in arbitrations involving alleged breaches of a securities purchase agreement.
• Defense of Chinese companies in dispute involving construction of geothermal power plant  
• Defense of Chinese companies in disputes involving "take or pay" polysilicone contracts 
• Defense of a bank against claims of implied covenant of good faith and fair dealing, promissory, estoppel, fraudulent inducement and General Business Law Section 349
  • Vasani v. CIBC, Inc., No. 650019/2016 (Supreme Court, New York County) (Sept. 28, 2016)
• Defense of nonprofit organization in federal and state court actions alleging violations of the Racketeer Influenced and Corrupt Organization Act (RICO) and of state law claims for fraud and conversion; courts granted motions to dismiss.
• Defense of a special servicer in dispute between two tranches of a collateralized mortgage-backed security (CMBS) loan over which one can purchase a defaulted note.
• Defense of a credit card processor in a tortious interference and de facto merger case arising out of a contract not assumed in an asset purchase transaction.
• Defense of a retail chain store in an action brought by a New York City law firm for a “success” fee based on an exchange of email correspondence.
• Defense of a credit card processor for breach of contract in connection with the provision of certain credit card services to cruise lines.
• Prosecution of a breach of contract action arising out of the sale of defective vehicles to be used as handicap-accessible New York City taxis.
• Prosecution of a contribution action on behalf of a party found liable for fraud in an underlying action against an accounting firm arising out of a tax shelter.

• Defense of a Canadian bank in two related cases for breach of contract arising out of an earn-out agreement that was part of the bank’s acquisition of those employees’ company (N.D. Cal. and Sup. Ct. NY).
• Representation of nonprofit charitable organizations in various corporate and litigation matters in state and federal courts.

Corporate relationships

• Representation of furniture retailer in lawsuit against Chinese supplier and subsidiary for breach of contract arising out of mislabeling country of origin for purposes of customs declarations, Cabinets to Go, LLC v. Qingdao Haiyan Real Estate Group Co., 605 E. Supp. 3d 1051, (M. D. Tenn. 2022).
• Representation of co-owner of a fashion photography business in a lawsuit to determine control of the business set up as an Illinois limited liability company.
• Representation of the Canadian purchaser of a business against sellers for breach of representations and warranties.
• Weight Loss Services, L.P. v. Herbal Magic, Inc., 2011 WL 4402103 (E.D.P.A. 2011)
• Prosecution of claim of UK minority shareholders for breach of fiduciary duty against private equity firms that were its co-shareholders.
• Richbell Information Services, Inc. v. Jupiter Partners, 309 A.D.2d 288, 765 N.Y.S.2d 575 (1st Dep’t 2003), 288 A.D.2d 208, 723 N.Y.S.2d 134 (1st Dep’t 2001)
• Representation of a taxpayer seeking a refund of tax on the basis that a merger should be treated as a taxable purchase entitled to a stepped-up basis.
• Novacare, Inc. v. United States, 52 Fed. Cl. 165 (Ct. Fed. Cl. 2002)
• Parrish v. Palmer, 246 A.D.2d 449, 608 N.Y.S.2d 182 (1st Dep’t 1998)
• Erickson v. Horing, 2000 Extra Lexis 218 (Minn. Dist. Ct., Hennepin County 2000)

Construction

• Two-week jury trial of a breach of contract action brought by a subcontractor for work arising out of the contract for the deconstruction of 130 Liberty Street (Deutsche Bank building).
• Multiple-month bench trial against a general contractor on a cost-to-compete theory arising out of a failure to complete a renovation project in Nassau County, NY, which resulted in the following appellate decisions:
• George A. Fuller Co. v. Kensington-Johnson Corp., 234 A.D.2d 265, 650 N.Y.S.2d 779 (2d Dep’t 1996)
• Fidelity New York FSB v. Kensington-Johnson Corp., 234 A.D.2d 263, 651 N.Y.S.2d 86 (2d Dep’t 1996)
• Bank of Tokyo-Mitsubishi, Ltd. v. Kvaerner, 243 A.D.2d 1, 671, N.Y.S.2d 985 (1st Dep’t 1998)

Insurance coverage

• Defense of an indenture trustee in a declaratory judgment action concerning the applicability of insurance coverage for environmental damages to property held as collateral.
• Commerce & Industry Insurance Co. v. US Bank National Association, Civil Action No. 7-5731, 2008 WL 4178474 (S.D.N.Y. 2008)
• Prosecution of an insurance coverage action on behalf of Canadian manufacturer for losses sustained during the 2003 AirTrain accident.
• Slattery Skanska Inc. v. American Home Assurance Co., 885 N.Y.S.2d 264 (1^st Dep’t 2009)
• Representation of a surety company against a French re-insurer for indemnity for amounts paid in the underlying construction case.
• AIU North America, Inc. v. Caisse Franco, 72 F. Supp. 2d 350 (S.D.N.Y. 1999); 1998 WL 57667 (S.D.N.Y. 1998)
• T&N PLC v. Fred S. James & Co., 29 F.3d 57 (2d Cir. 1994)

Securities

• Representation of National Stock Exchange, Inc. in an industry-wide challenge to practice of stock exchanges allowing certain customers access through their own proprietary feeds.  Lanier v. Bats, Exch., Inc., 838 F.3d 139 (2d Cir. 2016)
• Defense of a company and its two principal officers in a US Securities and Exchange Commission (SEC) enforcement action alleging material misstatements in press releases and in 10-Ks and 10-Qs
• SEC v. Neurotech Development Corp., 2011 WL 1099864 (E.D.N.Y. 2011), adopting 2011 WL 1113705 (E.D.N.Y. 2011)
• Defense of a “Big Four” accounting firm partner in a fraud action arising out of an allegedly abusive tax shelter (Sup. Ct. NY).
• Rosenbach & Rajaratnam v. Diversified Group, Inc., 12 Misc. 3d 1152A, 819 N.Y.S.2d 851 (Sup. Ct. N.Y. Cty. 2006), aff’d, 39 A.D.3d 271, 833 N.Y.S.2d 78 (1^st Dep’t 2007)
• Banco Espanol de Credito v. Security Pacific National Bank, 973 F.2d 51 (2d Cir. 1992)

Consumer class actions

• Defense of a Canadian energy retailer in a class action alleging violation of statutes prohibiting deceptive sales practices and advertising (Sup. Ct. NY and Kings).
• RE Corp. v. New York Energy Sav. Corp., 78 AD3d 546 (1st Dep’t 2010)
• Advanced Medical & Alternative Care, P.C. v. New York Energy Savings Corp., 2008 WL 5235310, 21 Misc.3d 1145(A), 875 N.Y.S.2d 818 (Sup. Ct., Kings Cty. 2008)

Land use/real estate

• Representation of railroad in claim for costs in relocating electrical facilities involving in particular a dispute over pre-judgment interest.
• City of New York v. National R.R. Passenger Corp., 2009 WL 483343 (E.D.N.Y. 2009)
• Defense of an individual real estate investor in a breach of fiduciary duty case arising out of the attempts to develop two more than 2,500-acre developments in New York and Pennsylvania (Chancery Court Delaware).
• 9th & 10th Street LLC v. Board of Standards & Appeals, 10 N.Y.3d 264 (2008)
• Millbrook Hunt v. Smith, 249 A.D.2d 281, 670 N.Y.S.2d 907 (2d Dep’t 1998); 249 A.D.2d 283, 670 N.Y.S.2d 905, (2d Dep’t 1998); 234 A.D.2d 434, 651 N.Y.S.2d 893 (2d Dep’t 1996); 233 A.D.2d 484, 650 N.Y.S.2d 981 (2d Dep’t 1996)
• Chateau D’if Corp. v. City of New York, 219 A.D.2d 205, 641 N.Y.S.2d 252 (1st Dep’t 1996)
• Representation of tenant-shareholders in litigation in state court against co-op and managing agent relating to water damage in co-op apartment.

Disputes over arbitration

• Successfully convinced the court that an individual director was covered by the arbitration clause in the employment agreement between the company and its terminated president even though the director was not a signatory to the employment agreement.
• Sedmak v. Ironshore Specialty Ins. Co., 2015 WL 144190 (S.D.N.Y. Jan. 2015)  (analyzing the five theories under which a court will enforce an arbitration agreement against a non-signatory)
• Ironshore Specialty Ins. Co. v. Eidos Partners, LLC, 2014 WL 231939 (S.D.N.Y. Jan. 2014), aff’d, 2014 WL 7271980 (2d Cir. 2015)
• RE Corp. v. New York Energy Sav. Corp., 78 A.D.3d 546 (1st Dep’t 2010)
• Douce v. Origin ID TMAA 1404-236-5547, 2009 WL 382708 (S.D.N.Y. 2009)
• Advanced Medical & Alternative Care, P.C. v. New York Energy Savings Corp., 2008 WL 5235310, 21 Misc.3d 1145(A), 875 N.Y.S.2d 818 (Sup. Ct., Kings Cty. 2008)
• Matter of Parrish, 246 A.D.2d 449, 668 N.Y.S.2d 182 (1^st Dept. 1998)
• Bank of Tokyo-Mitsubishi, Ltd. Kvaerner, 243 A.D.2d 1, 671 NYS2d 905 (1^st Dept. 1998)

Venue/comity

• Weight Loss Services, L.P. v. Herbal Magic, Inc., 2011 WL 4402103 (E.D.Pa. 2011)
• United States v. J.A. Jones Const. Group, LLC, 333 B.R. 637, 2005 WL 3199053 (E.D.N.Y. 2005)
• Bank of Tokyo-Mitsubishi, Ltd. Kvaerner, 243 A.D.2d 1, 671 NYS2d 905 (1^st Dept. 1998)
• Drexel Burnham Lambert Group v. Galadari, 777 F.2d 877 (2d Cir. 1985)

Employment disputes

• Johnson v. Just Energy, 897 F. Supp. 2d 51 (E.D.N.Y. Sept. 20, 2102) aff'd, 547 Fed. Appx. 71 (2d Cir. 2013); cert. denied, 135 S. Ct. 416 (2014)
• Ingram v. MacDonald, 2012 WL 4327390 (E.D.N.Y. Sept. 20, 2012), aff'd, 530 Fed. Appx. 48 (2d Cir. July 18, 2013), cert. denied, 134 S.Ct. 629 (2013)
• Pugliese v. Verizon New York, Inc., 2008 WL 2882092 (S.D.N.Y. 2008)
• Carnrite v. Granada Hosp. Group, Inc., 175 F.R.D. 439 (W.D.N.Y.1997)

Other

• Defense of an individual in a Section 1983 action; court dismissed case with prejudice in its entirety.
• - Betts v. Shearman, 2013 WL 311124 (S.D.N.Y. Jan. 24, 2013); aff’d, 751 F.3d 78 (2d Cir. 2014)