New York Court of Appeals (New York’s highest court)
Marinaccio v. Town of Clarence, 20 N.Y.3d 506, 986 N.E.2d 903, 964 N.Y.S.2d 69 (2013). I helped reverse a punitive damages award against a land developer in a dispute over diversion of storm water.
Greenberg, Trager & Herbst, LLP v. HSBC Bank USA, 17 N.Y.3d 565, 958 N.E.2d 77, 75 UCC Rep. Serv. 2d 775, 934 N.Y.S.2d 43 (2011). In this counterfeit check scam case, I helped convince the court that the bank had not violated any duty to its customer. The customer, a law firm, had wire transferred money out of its bank account before a check from an overseas scam artist (the firm’s “client”) had been finally paid through the check payment process. The check turned out to be counterfeit.
Kramer v. Phoenix Life Ins. Co., 15 N.Y.3d 539, 914 N.Y.S.2d 709, 940 N.E.2d 535 (2010). I helped secure a determination that a person may obtain life insurance and immediately transfer the right to receive proceeds under the policy to someone who has no insurable interest. In this type of transaction, the insurance is purchased primarily as an investment vehicle for the benefit of someone other than the person whose life is insured. The ruling is impacted by a 2009 New York Statute on the subject.
Ins. Co. of State of Pa. v. HSBC Bank, 882 N.E.2d 381, 10 N.Y.3d 32, 852 N.Y.S.2d 812 (2008). I analyzed the intricacies of bankruptcy law to to close a gap in the reasoning of the trial and appellate courts and obtained a reversal for our client’s benefit. Specifically, the NY Court of Appeals ruled that a creditor that had filed an unsecured claim in a debtor’s bankruptcy case could not thereafter argue that its rights were something more than unsecured. The Court reversed a court order that had permitted the creditor to seize the bank account and therefore dismissing the creditor’s claim
Other Representative Cases
- Obtained a million-dollar jury verdict in favor of three owners of a medical imaging facility against a fourth owner who opened a competing facility within five miles in violation of the non-compete agreement each had signed.
- Resolved commercial landlord-tenant disputes related to property maintenance.
- Provided client with creative alternatives to contract rescission.
- Assisted multiple clients with securing defense to litigation paid for by the clients’ insurance carrier.
- Negotiated settlement of medical professionals’ non-compete agreements.
- Drafted asset purchase agreements.
- Reconstructed corporate minute books.
- Negotiated construction agreements on behalf of general contractors and sub-contractors.
- Successfully mediated client’s claim against insurance company for failure to cover claim for business-related loss.
- Negotiated settlement of homeowner’s property damage claim against neighbor.
- Collected hundreds of thousands of dollars for software provider whose customer, an international financial giant, refused to pay.
- Successfully defended a mental health professional against a defamation lawsuit by obtaining dismissal of the action, upheld on appeal, without the professional having to participate in any depositions.
- Negotiated settlements for a Fortune 500 equipment lease company whose customers had failed to pay.
- Collected hundreds of thousands of dollars for client through enforcement of State Court money judgment.
- Secured agreement by a plaintiff to vacate a default judgment against a client, based on improper service, and then secured agreement by insurance company to provide an attorney for client, free of charge, and cover the claim.
- Settled breach of contract action based on sale of defective goods.
Prior results do not guarantee a similar outcome.