Summary Judgment for Commercial Real Estate Lender
Secured a victory in the New York Supreme Court, Appellate Division, First Department, on behalf of a commercial real estate lender. A borrower and guarantors sought to void multiple loan, mortgage, note and guarantee agreements by claiming that the agreements were unconscionable and induced by fraud. The trial court granted summary judgment dismissing the claims and granting the client’s counterclaims for foreclosure. The Appellate Division affirmed, following which the trial court issued a final judgment of foreclosure and sale.
Dismissal of Antitrust, Unfair Competition, Trade Secrets Claims Against Video Streaming Company
Secured dismissal in U.S. District Court for the Southern District of New York of claims against a wireless video streaming technology company. The client faced antitrust, unfair competition and counterclaims over trade secrets from a Chinese competitor.
Defeated Motion to Cancel Notice of Pendency in $1.5 Million Dispute
Defeated a motion by property owner to cancel client’s notice of pendency on real property, on grounds that property owner was “alter ego” of parties who defaulted on the loans totaling $1,545,000.
Beat Force Majeure Claims and Secured $3 Million in Damages in Pandemic-Driven Dispute
Represented WideOpenWest, a cable TV, internet and phone provider, before a panel of arbitrators on dueling breach of contract claims after WideOpenWest terminated its agreement with ad partner Viamedia in the midst of the COVID-19 pandemic. In the arbitration, Viamedia contended that the pandemic, as a force majeure event, excused its failure to pay WideOpenWest. The panel found Viamedia liable for breach of contract and awarded WideOpenWest nearly $3 million in damages, plus attorneys’ fees and costs.
Obtained Dismissal of Claims Against Individual Employees of Major Accounting Firm
Successfully defended individuals in a dispute involving competing national accounting firms stemming from unconsummated merger discussions.
Obtained Dismissal for Major Banking Institution in Breach of Contract Dispute
Represented major banking institution as defendant and then as appellant, obtaining dismissal in a breach of contract dispute stemming from a disputed indemnity provision of an asset purchase agreement between the parties.
Successful Outcome for Private Jet Company in Noncompete Matter
Obtained a decision on behalf of private jet company denying plaintiff’s application for a temporary restraining order and preliminary injunction in a case involving an employee’s noncompete restrictive covenant.
Obtained Dismissal in Fraud, Fiduciary Duty Case Against National Real Estate Developer
Obtained a dismissal on behalf of a nationally recognized real estate developer and related entities of an action alleging claims of aiding and abetting breach of fiduciary duty and aiding and abetting fraud, which sought to hold defendants liable based upon a Texas jury verdict and judgment of over $50 million against a nonparty entity.
Settlement in $60 Million Dispute for Holding Company
Represented the directing holder of a commercial mortgage-backed security in a $60 million dispute arising under the terms of Participation and Pooling Agreements. Obtained dismissal of complaint and subsequent settlement of action.
Won Case for Coalition of Property Owners on Appeal
Obtained a major ruling from the New York Supreme Court Appellate Division, First Department on behalf of a coalition of cooperative apartment buildings formed to challenge the illegal use of a historic church building as a commercial catering hall.