SAMPLING OF CASES RECENTLY REPRESENTED BY THE FIRM:
The Firm successfully argued against condominium sponsor’s motion to renew and reargue previously denied request to dismiss a cause of action for breach of contract in a matter pending in the Supreme Court, New York County in connection with a multi-million dollar luxury apartment in New York City.
The Firm successfully argued against motion to renew and reargue previously denied motion for summary judgment brought by a partner in a complex “business divorce” litigation in the Supreme Court, Kings County Commercial Division.
The Firm successfully defeated a motion by a partner to "freeze" management of the company which was controlled by the Firm's clients pending the duration of the lawsuit. The Firm completely reversed the "landscape" of the legal proceedings and enabled remaining partners to operate the company without intervention and disruption of the suing partner.
The Firm successfully defeated motion brought by existing business to enforce a "non-compete" agreement against the Firm's client, who was an outgoing partner, and which intended to prevent that partner from competing with the business he previously left. As a result of the Firm's strategy, the case was quickly settled afterwards on the terms allowing an outgoing partner to freely compete with the company he left.
In a case involving a medical clinical laboratory, which was suing two former sales persons for violations of “non-competition” clause, the defendants filed motion to dismiss the complaint on the basis of the underlying employment contract being violative of Public Health Law, in as much, as the agreement treated employees as self-employed contractors. The motion was denied as the Court accepted the Firm’s argument that mere misidentification of the working relationship between the parties did not invalidate the agreement, particularly where the defendants received substantial financial awards from the employment. Soon thereafter, the Firm obtained for its client the settlement of several hundred thousand dollars.
The Firm defended a medical management company which was sued by a physician who claimed millions of dollars in damages on the basis of an alleged breach of management contract and eviction from the office.
The Firm aggressively and successfully defended the case. Resultantly, the million dollars claims were abandoned by plaintiff and the matter was settled for $10,000 payable over six months. The Firm was successful in the Appellate Division, First Department in winning reversals of two separate trial Court’s decisions in a major multi-million case, involving the sale of fake art and paintings.
A large medical facility and the sole tenant of a 5-story building commenced a lawsuit seeking $2 million in damages against our clients, the owner of the property, and individual defendants, for failure to secure a Certificate of Occupancy for four years, breach of contract, fraud and lost profits. The Firm represented the landlord and individual defendants who countersued for unpaid rent. During litigation, the Firm, despite appeal to the Appellate Department, was successful in compelling tenant to pay rent after 13 months of free tenancy. After a 3-week trial and post-trial motions, the Court dismissed plaintiff’s Complaint and awarded defendants an excess of $200,000 in damages.
The Firm represented a group of businessmen who invested close to $1 million to purchase real property in the Ukraine. Defendants deceitfully refused to realize their promises and did not acquire property for the investors. The case was complicated by the absence of any documents confirming our clients’ relationship with the defendants and the ambiguous nature of the investment. As the result of the Firm’s persistent and aggressive litigation approach, the case was quickly settled when out-of-state defendants agreed to transfer the title to the property in the Ukraine to investors.
The owner of a construction company was sued personally for alleged breach of contract and fraud in connection with renovation of the commercial premises. The Firm argued and won motion for summary judgment dismissing the Complaint against our client personally. The key was to convince the Court that the fact of ownership does not presume personal liability for the corporate business operations.
Our client, a19-year-old leukemia patient, had been physically and emotionally abused over a period of time by an unlicensed physician, who had all the while been extorting her out of thousands of dollars under the guise of alternative therapy. Because of the defendant's fraudulent recommendations to cease legitimate treatment, our client's condition continued to deteriorate. In the absence of insurance coverage, even before the judgment was rendered, the Firm was able to attach defendant's real properties to satisfy future monetary award. Finally, the Firm obtained judgment in the amount of $4.3 million.
Our client, a major real estate investor, purchased two commercial condominium units for $2.6 million. During the process of acquisition, prior counselor's malpractice led to a dispute with the Board of Directors of the condominium, which commenced an earlier lawsuit against our client. As a result, our client sustained serious monetary damages while paying exorbitant legal fees and settlement amount to the Board of Directors. In the legal malpractice lawsuit against our client's former attorneys, the Firm defeated two summary judgments brought by different defendants and secured a favorable settlement for our client.
The Firm's clients counterclaimed for fraud and legal malpractice against a large No-fault collection law firm. The Firm defeated a motion which sought to dismiss the counterclaims, and allowed the claims to proceed to trial.
An owner of a large medical testing company was named as a defendant on a breach of contract case. The Firm won the motion to dismiss the case against the principal of the company individually and defeated motion for summary judgment against his company.
The Firm defeated a claim in excess of $1,000,000 against the client, which was litigated by prior attorneys for five years, on the strength of the deposition questions posed by Roman Popik, Esq.
The Firm won dismissal of Federal Court case against the client who was charged with the illegal purchase and distribution of untaxed cigarettes.
The Firm won a decision in a complex New York County Supreme Court case involving IT trade secrets and was successful in defeating attempts to force disclosure of client's income tax returns and proprietary information.
The Firm was successful in arguing before the Supreme Court, Kings County, that malpractice action against an accountant was permissible after expiration of the three-year statute of limitation based upon the doctrine of continuous treatment.
Successfully argued in the Supreme Court New York County against motion to dismiss breach of contract claim brought by a purchaser of a multimillion luxury condominium apartment against one of the most prominent New York City real estate developers based upon defective private elevator.
The Firm successfully defended at trial in the Supreme Court, Kings County, managing members of an international wholesale floor and tiles supply company against charges of fraud and mismanagement brought by non-managing partner, having the case dismissed after grueling and methodical cross-examination conducted by Roman Popik, Esq.
The Firm obtained a $1. 5 million judgment in the Supreme Court, New York Country, Commercial Division, against a former manager of a failing restaurant venture, which was capitalized by foreign investors.