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• Representative Cases - Business Litigation

Representative cases of the lawyers in the Business Litigation practice group include the following:

• ER Holdings, LCC v. 122 W.P.R., 65 A.D.3d 1275 (2d Dep’t 2009). Cancellation of Unauthorized Mortgages. The Appellate Division, Second Department, unanimously affirmed summary judgment in favor of Attorney Joel Aurnou’s clients cancelling two unauthorized mortgages on its flgship real estate holding. The Court also resolved in Joel Aurnow's client's favor issues of apparent authority and due dligence.
• Tedesco v. Tedesco, 64 A.D.3d 583 (2d Dep’t 2009). Ownership of Shopping Centers. The Appellate Division, Second Department, unanimously affirmed a lower granting summary judgment to Attorney Joel Aurnou’s clients covering ownership of a $4 million shopping center and several other commercial and residential properties. The Second Department upheld the lower court determination and rejected the Appellant’s contention that summary judgment was premature because the Appellant had not yet had any examinations before trial.
• Davis v. Willinger, 31 A.D.3d 429 (2d Dep't 2006) (in a declaratory judgment action involving an esoteric point of law applied to difficult facts, achieved abatement of a surviving spouse’s contract with her husband to bequeath the proceeds of sale of the couple’s Miami Beach oceanfront condominium residence to her late husband’s daughter)
• Van Buren v. Worby Borowick Groner, L.L.P., 9 A.D.3d 276, 779 N.Y.S.2d 484 (1st Dep't 2004) (in a complex case involving the areas of negligence, medical malpractice and legal malpractice, obtained an affirmance from the Appellate Division of a denial of defendant's summary judgment motion)
• Matter of Broda v. Monahan, 309 A.D.2d 959, 767 N.Y.S. 2d 111 (2d Dep't 2003) (election law case in which in the lower court and on appeal the date of village elections was changed from March to November)
• Keiser v. Todd, 290 A.D.2d 492, 736 N.Y.S.2d 255, 2002 N.Y. App. Div. LEXIS 603 (2d Dept. 2002) (successfully defended a defendant at both the lower court and appellate levels, in an action brought by a tenant to enforce a purported option to purchase the defendant’s real property)
• Papadopolous v. Goldstein, Goldstein & Rikon, P.C., 283 A.D.2d 649, 725 N.Y.S.2d 364, 2001 N.Y. App. Div. LEXIS 5517 (2d Dept. 2001), appeal denied, __ N.Y.2d __, 2001 N.Y. LEXIS 3832 (N.Y. Dec. 20, 2001) (successfully represented two petitioners at both the lower court and appellate levels in a fee dispute between the petitioners and their former counsel arising from and related to an eminent domain proceeding)
• J.F. v. L.F., 181 Misc. 2d 722, 694, N.Y.S.2d 592 (1999), aff’d sub.nom., Faneca v. Faneca, 270 A.D.2d 489, 705 NYS2 281 (2d Dep’t 2000), lv den., 95 N.Y.2d 756 (2000) (leading case on parental alienation [as basis for change of custody])
• Holman v. ICN Pharmaceuticals, Inc., 98 Civ. 0674, U.S. Dist, Lexis, 20017 (S.D.N.Y. 1999) (in a product liability action, overcame an attempt to foreclose discovery and expanded its scope)
• Savattere v. Subin Associates, PC, 261 A.D.2d 236, 690 N.Y.S.2d 229 (1st Dep’t 1999) (legal malpractice claim settled favorably to plaintiffs after defendant’s motion to dismiss denied)
• Hudson Communities Coalition, Inc. v. New York State Office Parks, Recreation and Historic Preservation, 251 A.D.2d 504, 673 N.Y.S.2d 595, 1998 N.Y. App. Div. LEXIS 6905 (2d Dep’t 1998). (intervened on behalf of the St. John’s Riverside Hospital and successfully defended an Article 78 proceeding in which a coalition sought to overturn certain administrative determinations with respect to the siting and design of a proposed nursing home facility in Yonkers, New York)
• Wolstoncroft v. Sassower, 124 A.D.2d 582, 507 N.Y.S.2d 728 (2d Dep’t 1986); 212 A.D.2d 598, 623 N.Y.S.2d 7 (2d Dep’t 1995); 234 A.D.2d 540, 651 N.Y.S.2d 609 (2d Dep’t 1996) (legal malpractice claim settled during trial. Later, there was a successful proceeding to enforce the settlement)
• Leventritt v. Eckstein, Owen, 520 East 86th Street, Inc. et al., 266 A.D.2d 313, 615 N.Y.S.2d 2 (1st Dep't 1994) (four years after the trial judge disclosed a social relationship with a member at the Co-op's law firm, Leventritt moved to recuse the Trial Judge (Altman, J.) from the case. And two years after successfully obtaining dismissal as a party defendant in an action between Owen and the Co-op, Leventritt moved to a second judge to intervene and attend all conferences in that action. Both motions were denied, and the appellate court affirmed the denial)
• Kelly v. Defoe Corp., 223 A.D.2d 529, 636 N.Y.S.2d 123 (2d Dep’t 1995) (punitive damage claim against corporate client dismissed)
• 1185 Avenue of the Americas Associates v. The Resolution Trust Corp., 22 F.3d 494 (2d Cir. 1994) (Court of Appeals affirmed District Court's denial of landlord's claim for $7 million in unpaid rent)
• Route 22 Associates v. Cipes, 204 A.D.2d 705 (2d Dep't 1994) (appellate court affirmed trial court's decision declaring the validity of an easement)
• People v. DeConto, 80 N.Y.2d 433, 591 N.Y.S.2d 131 (1992), aff’g 172 A.D.2d 684 (2d Dep’t) (Class A felony drug conviction reversed for improper jury selection procedure)
• Allstate v. Zuk, 78 N.Y.2d 41, 571 N.Y.S.2d 429 (1991) Insurance Coverage Case. In an insurance coverage case, the Court of Appeals unanimously reversed two unanimous Appellate Division decisions. Featured in Annual Survey of N.Y. Law: 43 Syracuse L. Rev. 77, 139 (1992).
• Jaffer v. Miles, 134 A.D.2d 572 (2d Dep't 1987) (appellate court reversed trial court's denial of summary judgment to seller, finding that the memorandum between the seller and purchaser was not an enforceable contract)
• Generas v. Hotel Des Artistes, 117 A.D.2d 563, 499 N.Y.S.2d 69 (lst Dep’t 1986) (summary judgment granted to corporate client in contract case)
• Oliner v. McBride's Industries, Inc. et al., 102 F.R.D. 561, 39 Fed. R. Serv. 2d (Callaghan) 1280 (S.D.N.Y. 1984) (successfully set aside a default judgment and obtained the right for Zsa Zsa Gabor to file an answer)
• Schwartz, et al. v. Wamsley Development, Inc., 1983 U.S. District Lexis 17877 (S.D.N.Y. 1983) (defines and expands the conditions making out-of-staters subject to the jurisdiction of New York's courts)
• Liang Ren-Guey v. Lake Placid 1980 Olympic Games, Inc., 49 N.Y.2d 771, 403 N.E.2d 178, 426 N.Y.S. 2d 473 (1980) (affirming Appellate Division decision dealing with 1980 Olympic games [(72 A.D.2d 439 (3d Dep't 1980)]
• People v. Shapiro, 50 N.Y.2d 747, 431 N.Y.S.2d 422 (1980) (in highly publicized promoting prostitution case, Court of Appeals agreed with all three defense contentions; improper wiretap evidence, prosecution misconduct, and requiring severance of indictments. After indictments for 69 felony counts, trial and successful appeal, prosecutors settled for a single misdemeanor)
• Milton R. Barrie Co., Inc. v. Levine and Morroni, 390 F. Supp. 475 (S.D.N.Y. 1975) (successful motion in Federal court to remand action back to State court)
• Schwartz v. Northern Westchester Hospital, 43 A.D.2d 952, 351 N.Y.S.2d 955 (2d Dep’t 1974) (only New York case where doctor successfully compelled his admission to hospital staff)
• Conceicao v. Conceicao, 203 A.D.2d 877, 611 N.Y.S.2d 318 (3d Dep’t 1974) (70% vs. 30% equitable distribution division in favor of client affirmed)
• Harris v. NY, 401 U.S. 222, 91 S. Ct. 643, 28 L.Ed.1 (1971) (first major criminal case of the Burger court. See 80 Yale L.J. 1198, 1211-17 (1971))
• Almar Realty Corp. v. Sockolof Bros., 35 A.D.2d 986 (2d Dep't 1970), aff'd, 29 N.Y.2d 735 (1971). Along with Joel M. Aurnou of the firm, prevailed in a reformation action by distinguishing mutual ignorance from mutual mistake of fact, resulting in the client’s warehouse tenant paying real estate tax escalation rent over a base of taxes assessed against a vacant land assessment and not against a completed warehouse building, as might be expected.
• Male v. Crossroads Assoc. et al, 320 F. Supp. 141 (SDNY 1970) (discrimination suit against defendants City of Peekskill, Mayor and Urban Renewal Agency, all represented by Joel Martin Aurnou, subsequently dismissed)
• Gasperino v. Larsen Ford, Inc., 300 F. Supp. 1182 (SDNY 1969), aff’d, 426 F.2d 1151 (2d Cir. 1970), cert. den,. 400 U.S. 941 (1970) (death recovery in excess of policy limits. Only recovery under § 299 of the N.Y. Labor Law)
• People v. Mirenda, 23 N.Y.2d 439, 297 N.Y.S.2d 532 (1969) (successful reversal of murder conviction in case originally tried by William Kunstler, Esq. On retrial, despite prosecution testimony of two eyewitnesses and three accomplices, defendant represented by Joel Martin Aurnou was acquitted)
• Harry Winston, Inc. v. Waldfogel, 292 F. Supp. 473 (S.D.N.Y. 1968) (Motley, U.S.D.J.) (landmark case of upholding personal jurisdiction in New York over an out-of-state defendant)
• Ercolani v. Sam & Al Realty Co., 17 N.Y.2d 299 (1966) (representing a creditor, successfully persuaded the Court of Appeals to reverse a decision of the Appellate Division, Second Department)

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Prior results do not guarantee a similar outcome. If you think you may require our assistance or have any questions, please contact Robert M. Redis by email (rredis@mccarthyfingar.com) or phone (914-385-1014) or Joseph J. Brophy by email (jbrophy@mccarthyfingar.com) or phone (914-385-1021).

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