LITIGATION RECENT SUCCESSES
Delaware Court of Chancery granting summary judgment to EG&S client, Shu Kaneko, freeing him from liability on all the claims brought against him by the receiver for Southern China Livestock International, Inc. (SCLI). The Receiver brought claims against Mr. Kaneko seeking approximately $8M in damages, despite SCLI having given Mr. Kaneko a full release as part of a settlement agreement in February 2013, sixteen months before the Receiver first filed suit. EG&S acted as counel to Mr. Kaneko. J.B. Horgan, an Associate of the Firm, was on this case from the beginning, having written the summary judgment brief and argued it before the Chancery Court.
Richard P. Kaye, a member of the Firm, represented a Shelter Island property owner in a three party dispute over rights to a dock shared by three adjacent properties which had resulted in several lawsuits in Supreme Court, Suffolk County. The protracted dispute and litigation was successfully settled on terms favorable to the Firm’s client.
Richard P. Kaye, a member of the Firm, counselled a retailer of electronic accessories through a winding down process involving the negotiation and surrender of commercial leases for the client’s stores in a number of different shopping malls in several states, employee terminations and corporate tasks.
Anthony Galano, III a member of the Firm, and associate John B. Horgan, successfully settled, two weeks before trial, a high six figure mechanic's lien foreclosure and breach of contract action concerning the construction of a high rise residential condominium building in Manhattan brought on behalf of a prominent construction manager for approximately 70% of the claims set forth in the complaint.
While representing a major restaurant group in multiple actions involving intellectual property and shareholder rights, James K. Landau, a member of the Firm, and litigation associates John B. Horgan and Joanna R. Cohen, secured injunctive relief against several of the client’s former business partners who had illegally entered and locked the client out of its commercial leasehold.
Richard P. Kaye, a member of the Firm, and litigation associate Glen Sproviero, represented a Manhattan restaurant in the defense and settlement of a Federal lawsuit alleging accessibility violations under the Americans With Disabilities Act.
Richard P. Kaye, a member of the Firm, participated as a panelist in the session entitled Building a Better Arbitration: Avoiding Pitfalls and Problems at a CLE program sponsored by the Dispute Resolution Section of the New York State Bar Association held at New York Law School.
Richard P. Kaye, a member of the Firm, represented the sellers of a West Village residential building against a buyer which filed a lawsuit in the Supreme Court seeking to rescind the contract based upon an alleged title deficiency and recovery of its contract deposit of $830,000. As a result of the defenses and counterclaims interposed by the Firm in the lawsuit, the buyer withdrew its action, abandoned the contract, and the Firm’s clients retained $730,000 (88%) of the contract deposit and the ability to re-market their valuable property while avoiding the expense of protracted litigation.
After two years of protracted litigation attempting to enforce the terms of an asset-purchase agreement and promissory note, James K. Landau, a member of the Firm, and litigation associate John B. Horgan, won summary judgment in the client’s favor on all but one cause of action, including an award of attorneys’ fees and the dismissal of six motions brought by the client’s adversaries. The remaining cause of action is proceeding to trial under favorable terms, and the Firm is engaging in aggressive pre-trial practice on the client’s behalf.
The Firm successfully represented an international wireless communications company in a lawsuit over a failed merger. Richard P. Kaye and James K. Landau, members of the Firm, and litigation associate John B. Horgan, secured judgment in the client’s favor.
Anthony Galano, III a member of the Firm, and associate Glen Sproviero, successfully settled, before the completion of discovery proceedings, a breach of contract action brought on behalf of one of the largest New York based plumbing contractors against a general contractor and a surety company that issued a payment bond for a New York City Department of Parks and Recreation improvement project for 110% of the claims set forth in the complaint.
In a proceeding where the clients’ adversary sought to enforce an arbitration award against two parties who explicitly had been exempt from liability in the final award, James K. Landau, a member of the Firm, and litigation associate John B. Horgan, secured a judgment saving the clients in excess of $270,000.
In a Delaware litigation brought by the court-appointed receiver of a company formed via a reverse merger with a Chinese food products producer, Adrienne M. Ward, a member of the Firm, and litigation associate John B. Horgan, secured partial dismissal of the receiver’s claims – the total of which amounted to $7.5 million – against the client, a former officer and director of the company. This partial dismissal entitled the client to statutory indemnity for his attorneys’ fees under Delaware law.
The Firm successfully represented a partner of a major advertising agency which wrongfully terminated the client for the purpose of depriving him of his contractual severance pay while enforcing a non-compete clause on the pretext that he had voluntarily resigned his position. Richard P. Kaye, a member of the Firm, represented the partner and filed a comprehensive Demand for Arbitration which resulted in a favorable outcome for the client and freedom from the restrictive non-competition clause.
Having sued the defendant-debtor of the Firm’s client, a major factoring company, in Supreme Court, Nassau County, Richard P. Kaye, a member of the Firm, obtained a default judgment against the defendant in the amount of $95,387.90 and the Firm has subsequently and aggressively engaged in judgment enforcement proceedings.
The Firm successfully represented a senior executive of an international green energy corporation in a proceeding wherein the company sought to avoid the client’s employment contract, which contained both arbitration and generous severance and equity-participation provisions. Richard P. Kaye, a member of the Firm, and litigation associate John B. Horgan, secured an order compelling the company arbitrate on the basis of that employment contract, under which the client was owed cash compensation of $360,000 plus interest, along with equity in the company.
James K. Landau, a member of the Firm, and John B. Horgan, successfully represented Corax Corporation, a property owner and former landlord of two commercial buildings located in Yonkers, New York. Corax was suing its long time tenant, the City of Yonkers, for the cost of repairs for the damages caused to the buildings by the City’s department of public works. The case was settled after a jury was selected and the City of Yonkers agreed to pay Corax $325,000 in damages.
In a case that was pending in the U.S. District Court for the Southern District of New York, Anthony Galano, III a member of the firm, and Jordan Wolff, successfully settled a breach of contract and fraud case brought against a prominent medical practice by a laboratory service provider for a de minis amount during settlement conference proceedings before a U.S. Magistrate.
After selecting a jury and conducting pre-trial motion arguments, James K. Landau, a member of the Firm, and litigation associate John B. Horgan, secured a settlement of $325,000 from the City of Yonkers for damages it had caused to the client’s properties during the City’s leasehold.
After two years of discovery and summary judgment motion practice, Anthony Galano, III a member of the firm, and Holly Froum, obtained two separate judgments in a public improvement mechanic’s lien foreclosure action brought on behalf of the largest minority owned New York based asbestos, lead and mold abatement construction company against a general contractor and a surety company that issued a payment bond for two New York City School Construction Authority school renovation projects. The surety has paid $188,000 to the company in connection with the judgment entered against it and the general contractor is now the subject of judgment enforcement proceedings for a judgment of $250,000.
On behalf of an Information Technology recruitment and placement company that provides services to New York based and multinational corporations, successfully obtained a judgment on behalf of the company after a bench trial in the New York State Supreme Court in connection with the company’s counterclaims of unfair competition, breach of contract and unjust enrichment against an individual and an entity from which the company purchased its Information Technology, customer lists, website and various other assets for approximately $400,000. All of plaintiff’s claims against the company were dismissed with prejudice and the company was awarded attorney’s fees that will be the subject of an additional hearing and that were in excess of $175,000. Anthony Galano, III, a member of the firm, and John H. Horgan, represented the company.
The Firm successfully represented a staffing company in the technology field, and its owner, in two litigations against the company’s former owners. After six years of litigation, Anthony Galano III, a member of the Firm, and litigation associate John B. Horgan, secured judgment after trial whereby the clients were awarded $13,000 in damages, plus their attorneys’ fees, relating to the purchase of the company, and defeated the former owners’ claims for approximately $500,000 plus interest from 2008.
In a contested arbitration proceeding before the American Arbitration Association, Anthony Galano, III a member of the Firm, and Holly Froum, successfully settled a 1.5 million dollar arbitral claim that was asserted against a prominent construction manager for $5,000.00 and received a confirmation that the construction manager was “terminated for convenience” and not for cause.
Amanda Fugazy and Adam Weiss, members of the Firm’s Employment Law group, successfully represented a Freeport Lieutenant who was a highly qualified candidate for promotion to Chief of the Village police department. On behalf of the client, the Firm sued the Village of Freeport, NY for racial discrimination and, after a trial in the U.S. District Court for the Eastern District of New York, the jury returned with a verdict awarding the officer $1.35 million dollars plus legal fees.
Represented major international investment bank in successfully piercing the corporate veil that protected the perpetrator of an international securities fraud scheme.
Successfully settled, before the completion of discovery proceedings, two mechanic’s lien foreclosure actions for approximately $200,000.000 brought on behalf of a New York based asbestos, lead and mold abatement construction company for 70% of the claims set forth in the complaints.
On behalf of an Information Technology recruitment and placement business that provides services to New York based and multinational corporations, successfully defeated the plaintiff’s attempt on appeal to have claims of unfair competition, breach of contract and unjust enrichment entered against it. Anthony Galano, III, a senior litigation counsel of the firm, argued the appeal before a five Judge panel of the Appellate Division, First Department.
In a contested arbitration proceeding before JAMS, obtained a substantial commission recovery on behalf of a talent placement agency seeking compensation from a well-known news anchor who had been placed with, and had renewed her contract with, a news network.
Represented multinational banking institution against claims of breach of contract, fraud, negligent misrepresentation, usury, deceptive business practices under New York's General Business Law, the Fair Debt Collection Practices Act and for a declaratory judgment and successfully had all claims dismissed pursuant to a motion to dismiss filed in the United States District Court for the Southern District of New York. Anthony Galano, III, a senior litigation counsel of the firm, argued the case before Judge Sidney H. Stein.
The Firm's litigators recently achieved the dismissal of a tortious interference with contract claim against a major financial institution which had provided financing for a real estate development in Seattle, Washington. The Court ruling was decisive since also denying plaintiff's motion to replead against our client.
The firm's litigators recently challenged an insurance carrier's disclaimer of claims filed by the Conservator of his disabled wife totaling nearly a quarter million dollars and, after commencing a proceeding before the American Arbitration Association, obtained a settlement resulting in the insurance carrier paying 100% of the claims and almost all of the client's legal fees.
Richard Kaye, one of the firm's litigation partners, recently participated, at the invitation of the Young Lawyers Section of the American Bar Association, as a volunteer Justice for a Regional National Appellate Advocacy Competition held in the U.S. District Courthouse for the Eastern District of New York involving the best law school student appellate moot court teams.
Richard Kaye, one of the firm's litigation partners, was recently appointed to the Board of Directors of Arts & Minds, Inc., a newly formed not-for-profit organization involved in the delivery of art related programming for patients suffering from dementia and Alzheimer's disease and their caregivers.
On an appeal to the Workers' Compensation Board of New York State on behalf of a dental practice, achieved a reduction of statutory penalties from $151,000 to just $3,000 for violations based on lack of procuring and maintaining mandatory coverage.
On behalf of a group of investors, prevailed in obtaining summary judgment against the guarantor of promissory notes entitling our clients to judgment in the amount of over $430,000, inclusive of pre-judgment interest.
After a lengthy arbitration hearing before the American Arbitration Association, obtained an award in favor of a senior executive and major shareholder whose employment had been summarily terminated by the respondent company, including substantial severance pay, fair market value for his equity interest, reimbursement for a personal loan to the company and other compensation amounting to over $210,000, and, in doing so, defeated the company’s counterclaims seeking nearly $380,000 from the terminated executive.
the company’s counterclaims seeking nearly $380,000 from the terminated executive.
On behalf of one of its commercial clients, the firm's litigators recently obtained a six figure judgment against a defendant which had breached the payment terms of a settlement agreement and, by promptly commencing judgment enforcement steps, obtained immediate payment in full of the remaining settlement balance due the client.
In an action for breach of a settlement agreement, secured by the stock of an Internet service provider company which our client had founded and formerly owned, won judgment turning over the company to our client in addition to money damages.
In a case in which the firm represents a multi-state based construction management company in its million dollar mechanic's lien foreclosure and breach of contract action concerning the construction of a high rise residential condominium building in Manhattan, successfully obtained the denial of a motion to dismiss two of the defendants from the case that plaintiff asserts it had a contractual relationship with concerning the construction project where those defendants were not the record landowners of the construction site and claimed they were simply the agents for the defendant owner.
In a significant decision for entities that litigate internationally, the New York State Court of Appeals affirmed the judgment entered on behalf of the firm's client John Galliano, S.A., the noted fashion designer. Galliano had previously obtained a judgment by default in the Commercial Court of Paris, France, against the United States manufacturer of the Galliano fur collection. In affirming Galliano's right to enforce the French judgment, the Court of Appeals ruled for the first time that the Hague Convention did not require translation of foreign judicial documents and that, because the defendant had agreed to a foreign forum, the question of notice was ordinarily for the foreign court to decide. Ted Poretz of the firm argued the case before the Court of Appeals, with assistance from partner Gabriel Mendelberg and associate Holly Froum.
In a case in which the firm represents an investment bank in its multi-million dollar breach of contract case pending in federal court, successfully obtained the denial of the defendant's motion to amend his answer to assert counterclaims for fraud and breach of contract against the investment bank's chief executive officer.
Represented major art gallery in successfully overcoming challenge to authenticity of a valuable artwork.
Successfully obtained enforcement of a French default judgment in favor of international fashion designer, resolving novel issues of international service of process under the Hague Convention.
Successfully settled, before discovery proceedings had occurred, a $94,000 mechanic''s lien foreclosure action brought on behalf of a multi-state based construction management company for 75% of the claim& amount set forth in the complaint.
Successfully obtained the pre-discovery dismissal of legal malpractice claims against a major international law firm.
Successfully recovered monies paid by a general contracting construction company to settle an underlying construction accident case from the New York State Liquidation Bureau where the company''s insurer had improperly denied insurance coverage for the accident.
Obtained summary judgment on behalf of ex-employee defrauded by former employer into making large usecured loan to his employer.
Our client, an employer, faced over $80,000 in penalties imposed by the Workers Compensation Board for alleged violations of the Workers'' Compensation Act. We appealed the penalties and won. The penalties were withdrawn in their entirety.
Represented multinational banking institution against claims that it violated the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and successfully had claims dismissed pursuant to a motion to dismiss filed in the United States District Court for the Southern District of New York.
In a New York surrogate's court matter and on behalf of an executor of a Will that was being probated, EG&S successfully enjoined a foreign proceeding in Italy that would have interfered with the probate proceeding and potentially disrupted the Will.
In a New York State Supreme Court declaratory judgment and damages action, successfully sued technology joint venture to restore valuable membership rights of co-inventor who had been forced out.
Obtained substantial award of attorneys'' fees in real estate litigation against major New York landlord despite absence of lease based solely on admissions made by landlord during course of litigation.