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Notable Cases: Commercial Litigation

  • Cheng v. 117 Guy R. Brewer, 2013 N.Y. Misc. Lexis 1171 (Sup. Court, s Cty. 2013) granted our client 's motion for summary judgment to reta ser' s $400,000.00 down payment

  • Jedrzejcyk V Gomez, et. al, 116 A.D. 3d 632.985 N.Y.S. 2d 18 (1st Dept. 2014). Reversed lower Court ruling and held that our client had established his 50% interest in a real estate company.

  • Elam v.Altered Ego, 114 A.D.3d, 981 N.Y.S.2d (2 Dept. 2014). Reversed lower Court ruling and held that a quiet title action was not governed by six year Statute of Limitations and that defrauded owner must be deemed to be in possession unless current occupant can establish ten years of adverse possession.

  • Tita v. Lampeas, 26 Mic. 3d 124l(a) 907 N.Y.S.2d 441 (Queens Cty. 2010). Court determined that property held by individuals may, in certain circumstances, be partnership property not subject to partition.

  • Stevens v.Communicare Properties, 111 A.D.3d 614, 974 N.Y.S. 2d 128 (2 Dept. 2014). Court affirmed order in our client' s favor finding that, essentially, there is no Statute of Limitations barring a quiet title action based upon a forged deed and that such action is subject solely to the current occupant' s adverse possession claim.

  • Mottley v.Walker, 126 A.D.3rd 955, 6 N.Y.S.3rd 271 (2 Dept. 2015). Reversed lower Court and accepted our argument that summary judgment was premature.

  • Emanuel Yerushalmi, et. al. v. Abed Realty Corp.,

    58 A.D. 3d 491, 872 N.Y.S.2d 89 (1st Dept. 2009). Appellate Court affirmed trial Court's finding for our tenant-client regarding the enforceability of an option clause in a lease and the appraisal value of the premises.

  • Broadway Enterprises, Inc. v. Lum,

    2005, N.Y.A.D. 16 A.D. 3d 413, 790 N.Y.S.2d 402 (2nd Dept. 2005). Leading case in New York regarding the law of construction underpinning and whether the neighbor must consent to such underpinning.

  • Luis A. Alvarez v. Brown,

    256 A.D. 530, 682 N.Y.S.2d 421 (2nd Dept. 1998). Former employee brought action against former employer for unpaid overtime and/or minimum wages. The Appellate Court held that the determination in the unemployment compensation proceeding, had collateral estoppel effect in action for unpaid overtime and/or minimum wages.

  • Yu Han Young v. Shiu,

    49 A.D. 3d 535, 853 N.Y..2d 575 (2nd Dept. 2008).Trial verdict upheld on appeal confirming our client's position that partner's purchase of a condominium in building violated both partnership agreement and corporate opportunity doctrine.

  • Luis F. Echeverria v. Madison Home Equities, Inc.,

    266 A.D. 2d 435, 698 N.Y.S.2d 703 (2nd Dept. 1999).The Appellate Court ruled for our client when it held that plaintiff could not pierce the corporate veil to impose personal liability on our client.

  • Gasco Corp. v. Tosco Properties Ltd.,

    236 A.D.2d 510, 563 N.Y.S.2d 687 (2nd Dept. 1997).Appellate Court reversed the trial Court decision and held that our client had standing to sue banks involved in a foreclosure proceeding for their negligence. The Court stated that a collateral lease assignment is not an unconditional indemnification clause because the clause does not exonerate bankers from their own negligent or intentional conduct which results in inflation of the debt owned under the mortgage.

  • Kaliontzakis v. Papadakos,

    69 A.D.3d 803, 892 N.Y.S.2d 542 (2nd Dept. 2010).Trial verdict for defendant upheld on appeal confirming our client's position that plaintiff was not a joint owner of valuable commercial property.

  • Heidleberg Eastern, Inc. v. Weber Lithography, Inc.,

    N.Y.A.D. 213 A.D.2d 127, 632 N.Y.S.2d 370 (2nd Dept. 1995).Our client repossessed a printing press it had leased to defendant. The Court found that our client had a perfected purchase-money security interest in a printing press from the inception of its contract with the defendant and therefore the defendant did not have a right to the proceeds of that sale.

  • Hematian v. Yoo,

    148 A.D.2d 675, 539 N.Y.S.2d 424 (2nd Dept. 1989).Lending case in New York regarding specific performance clauses in real estate contracts. Appellate Court affirmed trial Court decision that permanently enjoined the defendants from commencing an action against our clients for the specific performance of a contract between the parties for the sale of real property and granted our motion to dismiss the complaint.

  • J.P.A. Realty, Inc. v. Citi Financial Mortgage Company,

    293A.D.2d 447, 739 N.Y..2d 649 (2nd Dept. 2002).Court determined that placing conditions on acceptance of offer is counteroffer which need not be specifically rejected.

  • Debbie Kaminer v. Aaron Wexler, et. al,

    40 A.D.3d 405, 836 N.Y.S.2d 139 (1st Dept. 2007).Court affirmed trial Court's determination confirming our client's position that the plaintiff's claim for compensation for introducing our client to investor required a writing since compensation soutght was not in nature of finder's fee, and alleged agreement pursuant to which compensation was to be paid was not capable of performance within one year.

  • Lionel Ehrenworth d/b/a/ Robert Bruce Company v. Kaufelt,

    8 Misc. 3d 10, 797 N.Y.S.2d 238 (App. Term, 1st Dept. 2005).Upheld our client's position that tenant breached elase and held that forfeiture of security was not a penalty but rather an enforceable liquidated damage provision.

  • Maor Home Sales, Inc. v. Levine,

    303 A.D.2d 385, 755 N.Y.S.2d 668 (2nd Dept. 2003). Appellate Court affirmed trial court's finding for our client that all evidence in an action for specific performance of a real estate contract should have been discovered in the initial action and therefore newly discovered evidence would not be considered on appeal.

  • Levy v. Spanier,

    1989, N.Y.A.D. 155 A.D.2d 517, 547 N.Y.S.2d 378 (2nd Dept. 1989).Appellate Court affirmed trial Court's confirmation of an arbitration award finding for our client and awarding more than $600,000.00 in a law firm partnership dispute.

  • Misk v. O'Brien,

    64 A.D.3d 635, 882 N.Y.S.2d 491 (2nd Dept. 2009).Appellate Court affirmed trial Court's decision confirming our client's position that he had the right to cancel a judicial sale when the referee was unable to convey insurable title; therefore, he did not willfully default on the purchase of property and the defendant was not entitled to award of consequential damages.

  • Nat Holding Corp. v. Banks,

    22 A.D.3d 471, 802 N.Y.S.2d 214 (2nd Dept. 2005).Leading New York case on law regarding notice of easement agreements and potential damages for violation of the easement. Appellate Court reversed trial Court decision and found for our client. The Appellate Court held that our client did not have actual or consructive knowledge of an existing easement and therefore did not have to tear down a newly constructed house that trespassed on that easement.

NYCTL 1996-1 Trust v. 251-18 GCP Corp.,

293 A.D.2d 456, 739 N.Y.S.2d 646 (2nd Dept. 2002).The Appellate Court ruled foro ur client when it denied the defendant's motion to vacate a judgment of foreclosure.

NYCTL 1996-1 Trust v. Guthartz,

293 A.D.2d 455, 729 N.Y.S.2d 646 (2nd Dept. 2002).The Appellate Court ruled that our client was entitled to a strict foreclosure action.

Karo v. Paine,

55 A.D.3d 679, 865 N.Y.S.2d 654, (2nd Dept. 2008). In action alleging breach of contract for sale of real property, our client was denied summary judgment. The Appellate Court reversed and ruled that the defendant's actions constituted an anticipatory breach of property sale contract entitling our client to summary judgment.

Washington Avenue Associates, Inc., Appellant v. MIF Realty L.P., Respondent,

217 A.D.2d 578, 628 N.Y.S.2d 817, 1995 (2nd Dept. 1995).The Appellate Court denied the defendant's appeal to compel specific performance of a Stipulation and Order of Settlement or to recover damages for the breach of that Stipulation.

The information you obtain at this site is not, nor is it intended to be, legal advice. Consult an attorney for individual advice regarding your own situation. ©2012 by GINSBURG & MISK. All rights reserved.