Representative Matters

First Capital v. Vahabzadeh, U.S. Bankruptcy Court, Southern District of New York. Represented creditors holding a total of $8 million in claims in successfully objecting to the discharge of a debtor who had filed for relief under Chapter 7 of the Bankruptcy Code. At a 21-day trial involving 17 witnesses, established 15 bankruptcy frauds, including fraudulent conveyances, falsified schedules and perjury at a creditor’s meeting.

Knopf v. Sanford, Supreme Court, New York County. Obtained at $10 million award from a judicial hearing officer, which was then reduced to judgment; successfully prosecuted four appeals; obtained a ruling overcoming an assertion of the attorney-client privilege based on the crime-fraud exception; and uncovered evidence of misconduct that led to an investigation by the New York Office of Court Administration and resulted in the resignation of a Court Attorney.

SMSW v. Halberd, U.S. District Court, Central District of California. Defended issuer stock transfer agent and control person in securities fraud case. The case was tried to a verdict dismissing all claims. Prior to trial, obtained a ruling that damages under section 10(b) of the Securities Exchange Act were limited to reliance costs, in which the Court adopted a position that had been rejected everywhere outside the Ninth Circuit.

Kantor v. 75 Worth Street, LLC, Supreme Court, New York County. Obtained a jury verdict upholding a claim by a developer for breach of the defendants’ oral promises to guarantee and collateralize a SBA-sponsored loan and dismissing counterclaims. Selected as one of the “Top 10 Breach of Contract Jury Verdicts” in New York for 2012 by Verdict Search.

West Broadway Funding Associates v. Friedman, Supreme Court, Westchester County. Obtained $525,000 in settlement of claims of legal malpractice claims against a law firm defendant. Obtained a decision holding that title insurance agencies could be held liable for negligence in certifying title and performing title searches in spite of the absence of direct contractual privity with the purchaser. Also, obtained summary judgment against a title insurance carrier in the amount of $800,000 for failing to uncover errors in the deeds documenting the insured transaction.

Jacobs v. Tenzer Greenblatt, Supreme Court, New York County. In a case involving the defendants’ breach of the attorney’s fiduciary duty of loyalty, obtained, mid-trial, a settlement on behalf of the plaintiff in which it received $250,000 and stipulation vacating a $22 million judgment against it.

In re Judicial Title, Supreme Court, New York County. Successfully defended the majority shareholder-designate of a major title insurance agency in a dispute with the founder’s devisee over ownership and control.

Salamon v. CirTran, United States District Court, Utah. In a case of first impression, obtained a ruling that a “finder” did not have to be licensed as a securities broker in order to receive transaction-based compensation for locating equity investors.

Oost-Lievense v. North American, United States District Court, Southern District of New York.  Obtained a $1.5 million judgment on a claim asserting employment rights under a third-party beneficiary theory.

First Capital v. North American, Supreme Court, New York County. Following two successful appeals obtained a $9.6 million verdict in a breach of contract case.

Fracci v. Shearson/American Express, NASD Arbitration. Successfully defended broker and registered representative against claims of unauthorized trading, churning and unsuitability claims brought by Carla Fracci, the celebrated Italian ballerina.

In re New York Stock Exchange. In a NYSE disciplinary proceeding, obtained a settlement limited to a three-month suspension of charges that a government bond trader intentionally mismarked positions in a $10 billion portfolio.

McDonald v. Saab Associates, Supreme Court, New York County, Obtained a $650,000 settlement on premises liability claim against that was reached during trial.

Owens v. Treder, U.S. Court of Appeals for the Second Circuit. Obtained a decision on appeal that overruled three precedents and held that a civil rights claim alleging racially-motivated police brutality could proceed despite prior findings in criminal proceedings vindicating the police.

Gutowitz v. Transamerica Life Insurance Co., U.S. District Court, Central District of California. Obtained a ruling that an insurer that had agreed to pay nursing home costs under an adult care policy issued in the 1990s was required to cover the cost of a modern specialized assisted-living facility.

Fleetwood v. Fleetwood, Supreme Court, Appellate Division (Second Department). On appeal, obtained a ruling that a landowner lacked standing to enforce a restrictive convenant since there was insufficient evidence of a common development scheme.

WBP Central Associates, LLC v. DeCola, Supreme Court, Appellate Division (Second Department). On appeal, obtained a ruling increasing the damages awarded for breach of an agreement to indemnify a surety from $8800 to $550,000.