PROVEN RESULTS
The following results highlight our experience handling complex commercial disputes, with representation spanning pre-litigation strategy, trial, and post-judgment proceedings.
Claims Dismissed in Shareholder Dispute
Successfully moved to dismiss claims brought by a minority member alleging improper dilution of its ownership interest under a management agreement. The court dismissed all claims against the managing members’ principals, co-minority members, and all non-signatories to the management agreement, leaving only limited breach of contract and breach of fiduciary duty claims to proceed.
Summary Judgment
Denied
Successfully defeated a landlord’s motion for summary judgment against former tenants who vacated the premises prior to the lease’s expiration during COVID-19. The court found genuine issues of material fact regarding interpretation of the lease terms and the tenants’ constructive eviction defense, allowing the case to proceed.
Successful Defense Against Fraud Claims
Successfully defended company's principal against fraud allegations at trial, resulting in no liability against the individual.
Enforcement Action Dismissed, No Penalty Assessed
Successfully defended an online light bulb vendor in an enforcement proceeding brought by the U.S. Department of Energy, avoiding a potential $1 million monetary penalty and securing dismissal of the matter without any penalty imposed.
Creditor’s Petition to Force Sale of Marital Home Defeated
Successfully defeated a creditor’s petition seeking authorization to execute on real property and force the sale of a marital home to satisfy a judgment against the debtor-husband. The court denied the petition after the creditor failed to plead required elements, including the value of the husband’s ownership interest in property held as tenants by the entirety.
Child Protective Services Investigation Resolved
Represented a mother in a Child Protective Services investigation involving allegations of abuse related to the use of corporal punishment after discovering her teenager was using illicit drugs. The investigation concluded with the report deemed “unfounded,” with no findings of abuse.
Foreclosure Proceeding Dismissed After Reargument
Successfully moved for reargument of a summary judgment and obtained dismissal of a foreclosure action involving a family property held for over 40 years. Although the court initially ruled against our client, we persisted and demonstrated that the lender lacked standing to bring the foreclosure in the first place. On reargument, the court agreed and dismissed the case, preserving the family’s long-held property and achieving the correct legal outcome.
Fraudulent Conveyance Claim
Dismissed
Successfully moved to dismiss fraudulent conveyance claim against debtor because it was anticipatory, not ripe and creditor therefore lacked standing.
DOE Enforcement Action Dismissed Without Penalty
Successfully defended an online light bulb vendor against potential $1 million monetary penalty in enforcement proceeding by U.S. Department of Energy, resulting in dismissal of proceeding without penalty.
Turnover Petition Successfully Contested
Defended petition seeking turnover of debtor's coop shares and successfully argued that an evidentiary hearing regarding application of homestead exemption was required.
Deficiency Judgment Reduced from $1.8M to $400K
Negotiated settlement of deficiency judgment against personal guarantors of mortgage from $1.8 million to $400,000 with payment over time.
Landlord’s Summary Judgment Motion Denied
Defeated summary judgment motion by landlord seeking award of unpaid rent against personal guarantors of commercial lease where landlord defaulted on mortgage and lacked standing.
Creditor’s Receiver Motion Denied
Defeated creditor's motion to appoint a receiver over post-judgment enforcement process.
Forced Sale of Marital Home Prevented
Successfully defeated motion brought by petition by creditor seeking authorization to serve a real property execution forcing sale of marital home to satisfy judgment against debtor-husband.
Fraudulent Conveyance Claims Dismissed
Successfully moved to dismiss fraudulent conveyance claims against debtor allowing him to keep his $3 million home because creditor cited incorrect statute.
Successfully moved to dismiss claims brought by minority member
Whose shares were triple diluted pursuant to management agreement against managing members and their principals and co-minority members, resulting in dismissal of all claims against non-signatories to management agreement and minority members. Only breach of contract and breach of fiduciary duty claims survived.
$42M Foreclosure Dispute Favorably Resolved
Negotiated settlement of contested foreclosure action involving $42 million commercial mortgage, in which personal guarantors were released from liability and borrower received $1.5 million settlement.
Defeated summary judgment motion by landlord against former tenants
Who vacated premises before expiration of lease term during COVID, successfully arguing issues of fact exist as to interpretation of lease's terms and constructive eviction defense.
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