Business and Consumer Disputes and Litigation
Represented a Manhattan based digital media services company involved in a dispute with an unregistered New York business that was unlawfully using our Client’s name in the State of New York, effectively stealing digital media clients and profits from our client. Drafted demand letter, negotiated settlement, and drafted settlement stipulation agreement involving a monetary settlement for our client, together with a surrender of all rights from the business that was unlawfully using our clients name through operation of an unregistered and indistinguishable business in New York.
Represented a Manhattan based Refrigeration and Air Conditioning Company in settlement discussions and in New York County Civil Court involving a debt collector seeking to collect fees from a delinquent customer that our client referred to them. The debt collector failed to collect the debt after 6 months, so our client referred the account to another debt collector who collected the debt in 3 weeks. After the second debt collector collected the debt, the first debt collector sued our client for collection fees even though they didn’t actually collect the debt. Ultimately, we negotiated a settlement in court during recess with the counterparty for less than the amount of the suit.
Represented a Multi-National Consulting Corporation in two-day arbitration arising from a dispute that originated in the U.S. District Court for the Southern District of New York. Our client was the Plaintiff and sought to integrate defendant’s mapping technology into their existing technology, and brought suit against Defendant for Breach of Contract, Fraud, Unfair Competition, Unjust Enrichment, Breach of Partnership and Fiduciary Duties, Theft and Conversion and Alter Ego. Following the two day arbitration hearing and submission of post-hearing statements, the arbitrator issued a judgment in favor of our client in light of the meritorious facts of the case and limitations on consequential damages that the parties had agreed to based on the executed agreements among them.
Represented a minority shareholder of an S Corporation engaged in operating an Asian Cuisine Restaurant in Manhattan, NY. Former employees of the S Corporation obtained a judgment against the Corporation for labor and employment violations in the US District Court for the Southern District of New York. Following the attempt by Plaintiff to enforce the judgment against the S Corporation, the Corporation sought pro rata contribution from the shareholders, notwithstanding the fact that our Client was unaware of the labor and employment violations and did not participate in the day to day operations of the Corporation. On behalf of our Client, we demanded an inspection of the books and records of the Corporation to determine the extent of liability our Client had, and negotiated a revised payment plan on behalf of our Client.
Represented a legal consultant who was engaged as an expert witness to testify in Federal Court. Subsequent to rendering the the expert witness services, the Party who beneifitted from our Client’s services unreasonably delayed payment. Our Client engaged our firm to commence a lawsuit in New York County Supreme Court for breach of contract and unjust enrichment. Subsequent to commencing suit, the Defendant’s agreed to promptly pay our Client for the services rendered, in addition to reimbursing our Client for a significant portion of legal fees incurred.
Represented a Manhattan based financial services company involved in a dispute with an investment service software provider for breach of contract arising from the failure to meet our Clients expectations regarding accuracy of information provided with the software subscription.
Counseled a duty free sales agent regarding claims for breach of contract in a dispute involving a duty free manufacturers failure to perform accordingly under a sales agent contract.
Represented a Non-profit religious organization in a dispute regarding production of census marketing materials during the 2020 Census. Our client sought to purchase Census marketing materials of very specific size dimensions from a specialized printing company to inform its members of the pertinent information regarding Census 2020. The materials that our Client received did not conform to the specifications under the agreement, and thus breached the Uniform Commercial Code’s implied warranty of fitness for a particular purpose. Consequently, our Client refused to pay and cured by using an alternate supplier who provided the Census materials at the exact specifications for roughly 60% of the original price quoted by the first company. The first company retained counsel and sought to collect from our Client, at which time, we interceded and negotiated a settlement for a payment that amounted to the difference of what our Client paid the second printing company versus what they would have paid the first company had they performed to the precise specifications, putting our Client in the same position they would have been in the first place if the first company performed without involving the second company.
Represented an individual consumer involved in a dispute with a local gym in Syracuse, NY regarding prepaid services for personal training classes and meal regimens. Our Client sought to terminate the agreement and obtain a refund in light of gym’s failure to meet our Client’s expectations. The Gym owner guaranteed our Client a refund via email, and later reneged on that promise, so we advised our Client on their rights and the process of how to submit a legal complaint with their banking institution, credit card company and filing a consumer complaint with the New York Attorney General’s Consumer Fraud and Protection Bureau.
Represented shareholders owning 50% in a Tortilla production Corporation in a shareholder derivative lawsuit involving misappropriation of corporate funds, shareholder oppression, usurptation of corporate opportunity, corporate waste, self-dealing and breach of fiduciary duties of loyalty, care, good faith and fair dealing. Drafted special meeting notice and represented Client at meeting. Demanded inspection of books and records and reviewed all records. Drafted and Filed Court Complaint, Answer and Discovery Requests, and represented shareholders in Mediation and in New York Supreme Court, Westchester County (Commercial Division). The matter ultimately settled and our Clients were paid a multi-million dollar amount.
Represented an individual consumer involved in a dispute with a Silver and Gold Dealer seeking to collect unpaid funds for the sale of silver following a breach of payment per the terms set forth on the merchant’s website. Drafted and filed complaint in New York Supreme Court in the County of New York alleging Breach of Contract, Unjust Enrichment, violation of New York Executive Laws, Fraud and Deceptive Trade Practices. Obtained a Default Judgment including Attorney’s fees, Costs and Interests.
Counseled a Manhattan based luxury children’s clothier regarding disputes with consumers who initiated chargebacks with their credit card and banking institutions for sales of goods that they had received from our Client.
Represented a former salesman/distributor engaged in the consignment and sale of Hyla Vacuum machines for a Syracuse based Hyla distributor in a dispute regarding the existence of a non-compete allegedly preventing him from working for other Hyla distributors nationwide.
Represented a consumer who purchased publishing and book editing services from a Manhattan based publishing company regarding a dispute for a refund for breach of contract and services paid for that were not provided.
Represented a partner and LLC member involved in a dispute regarding the unauthorized dissolution of a Manhattan based LLC and breach of partnership agreement arising from the operation of a swim and fashion show business. Reviewed and negotiated settlement agreement, and facilitated one-time payment in exchange for a surrender of rights to profits, domain, trademark and naming rights.
Represented Plaintiff in consumer dispute connection with fraud committed by a Manhattan Psychic. Drafted Complaint filed in New York County Supreme Court, negotiated settlement with opposing counsel and drafted settlement stipulation involving a full refund for our Client.
Represented Truck Company in Westchester Supreme Court regarding dispute brought by a truck dealership for breach of contract due to failure to make monthly lease payments. Our client purchased a freightliner that had defective heating and sought to return the vehicle. The dealership brought suit for default of the lease terms. We filed a counterclaim and participated in settlement negotiations with Opposing Counsel.
Represented small business owner in connection with attempt to vacate a confession of judgment arising from a usurious payday loan in New York Supreme Court, Richmond County.
Represented a Yonkers based auto body shop in the US District Court for the Southern District of New York in connection with a complaint brought by a former employee regarding unpaid wages and violation of the Fair Labor Standards Act. Participated in Mediation and negotiated settlement for nearly 80% less than the amount sought by the Plaintiff.
Represented a flight aviation company in Kings County Supreme Court in suit commenced by a modern day loan shark disguised as a factor of receivable arising from a usurious payday loan and alleged breach.
Represented a Manhattan based concert operator in New York County Supreme Court seeking return of money for breach of contract arising from the Defendants failure to obtain an artist for a concert that was canceled.
Represented an independent contractor engaged as an expert witness for purposes of testifying in a patent litigation dispute. Subsequent to rendering the expert witness services, our Client was not paid despite multiple requests for payment. We filed suit in New York County Supreme Court for Breach of Contract and Unjust Enrichment in the alternative, and we subsequently negotiated a settlement for an immediate payment of the monies earned by our Client plus l reimbursement of attorneys fees for having to commence the action for non-payment.
Business Transactions, Formations and Agreements
Represented a Manhattan based provider of Personal Protective Equipment on multiple PPE transactions during the Coronavirus Pandemic. Drafted Non Disclosure Agreement, Non-Compete and Purchase-Sale Contract for N95 mask sale.
Counseled a provider of commercial refrigeration and kitchen services regarding their desire to declare a dividend, update their corporate documentation to come into compliance, and draft sales and service contracts to provide to their customers in which the providers rights would be protected. We drafted the Company bylaws, shareholder certificates, board resolutions, sales and service contracts, and provided our Client with the resources and information to come into corporate compliance, including filing a biennial statement of registration with the New York Department of State Division of Corporations.
Counseled a provider of Appraisal services regarding their current corporate documentation in connection with adding an additional shareholder and procuring health insurance for their business.
Represented a small business owner through drafting of waiver of liability and hold harmless agreements to ensure that our client could limit their liability for complimentary carbon monoxide, radon and natural gas tests.
Represented a New York City based PPE Mask seller in connection with a large volume mask sale to a wholesaler. Drafted and reviewed changes made to Sale-Purchase contract and coordinated inspection of goods with warehouse facility.
Represented a software seller in collection of bonus commission fees arising from sale of proprietary internet rating technology.
Represented a New York based sound services provider in connection with the formation of their new entity with the New York State Division of Corporations, drafted by laws and board resolutions, counseled client with obtaining EIN from IRS, S Corporation election with the IRS and NY Division of Taxation and Finance, and reviewed documentation regarding Clients business operations going forward.
Represented a New York based publishing service provider in connection with the formation of their new entity with the New York State Division of Corporations, LLC publication, drafted operating agreement, counseled client with obtaining EIN from IRS, and reviewed documentation regarding Clients business operations going forward.
Represented a New York based kitchen operator in connection with LLC Publication requirements, Address change to Albany and Albany Agent.
Represented a New York City Based Proprietary Tool Purveyor through drafting of Nondisclosure and Non-Compete Agreements.
Represented a Manhattan based pizza production and event services company through drafting of Non-Compete and Non-Disclosure Agreements and filing of trademark with the United States Patent and Trademark Office
Represented New York consumer in connection with review and negotiation of a contract with a book publisher
Represented multiple professional licensees in connection with formation of Professional Limited Liability Companies, Obtaining consent from Department of Education for name approval of PLLC, Completion of Newspaper Publication and Drafting of PLLC Operating Agreements.
Represented a Manhattan based video production company regarding sharing of profits from the with original publisher of a copyrighted book. Drafted book option contract and counseled Client on the legal risks regarding the contract.
College Disciplinary Representation
Represented University of Rochester undergraduate student involved in allegations for academic integrity. Drafted written statement outlining mitigating circumstances and meritorious defenses and handled communications with the University on behalf of student. Our Client was fully exonerated and was not subject to any discipline.
Counseled Syracuse University undergraduate student who was facing suspension for an academic integrity allegation. Drafted written statement outlining meritorious defenses and prepared client for interview hearing with the Academic Integrity Office. Following the interview, our Client was ultimately found not responsible and was not subject to any discipline.
Represented Syracuse University undergraduate student involved in multiple allegations for academic integrity. Drafted written statement outlining mitigating circumstances and meritorious defenses and handled communications with the Academic Integrity Office of the University on behalf of student. Following submission of the written statement, our Client was found not responsible and was not subject to any discipline.
Discrimination, Harassment and Tort Litigation and Disputes
Represented multiple Plaintiffs in connection with a lawsuit for wrongful employment termination, discrimination, sexual harassment abuse of process and estate probate interference in Westchester Supreme Court.
Represented Plaintiff in the US District Court for the Southern District of New York in connection with discrimination suit arising from a local school districts failure to hire our Client for a bus driver position based on our Client being an African American. The school district does not employ any African American bus drivers and hired a Caucasian driver who had a standard license instead of our Client who had a commercial and standard license.
Represented minor child regarding assault, battery and negligence that occurred at a private school. Brought suit against the teacher, principal, school, superintendent and religious organization in which the school was operating under.
Represented Defendant in connection with motion to dismiss for mistakenly including our Client in the lawsuit filed in New York County Supreme Court. The Plaintiffs sued the wrong person because our Client had the same name as the person who was supposed to be sued.
Real Estate Transactions and Disputes
Represented a purveyor of scientific materials through drafting of demand letter outlining our clients desire to terminate their commercial lease during the Covid-19 Pandemic, which included our client’s grievances regarding their commercial lease. Subsequent to the letter, we negotiated a termination with the landlord on behalf of our client for significantly less than what was remaining on our client’s commercial lease.
Represented a New York City (Manhattan) massage therapy business through drafting of demand letter to our client’s landlord outlining concerns regarding ability to pay for rent during covid-19 pandemic closures, and negotiated partial rent forgiveness with landlord for massage therapy business that was prohibited from operating because it wasn't considered an essential business.
Represented a software provider of brick and mortar sales solutions through drafting of demand letter and negotiating settlement with commercial landlord for termination of commercial lease during Covid-19 Pandemic. Following negotiations, we obtained an offer from our Client’s landlord that was 65% less of the remaining amount due on the commercial lease.
Represented a Manhattan based lobby shop through drafting of email outlining our clients concerns about terminating their lobby shop lease during the covid-19 pandemic because our client’s business was not generating revenue and the sole source of patronage was tenants in the building; No outside tenants were able to patronize the business which made it difficult for our client to earn a profit. Reviewed settlement drafted by opposing counsel and provided commentary, which resulted in a termination payment significantly less than what was remaining on our client’s commercial lease. Additionally, communicated with opposing counsel on behalf of Client subsequent to execution of the termination agreement to ensure a timely return of our client’s security deposit.
Counseled a New York City based newsstand through review of proposed amendments to existing commercial lease and provided comments to the new lease involving rent forgiveness during the Covid-19 Pandemic. Furthermore, we counseled our client on the risks and responsibilities they were undertaking as a guarantor under the new lease agreement.
Represented a Brooklyn Residential Tenant in a dispute arising from termination of tenancy during COVID-19.
Counseled a minority shareholder of a New York City based Real Estate Corporation in connection with a dispute involving maintenance and control of real estate property, and a dispute involving personal injury by a tenant that occurred on the property due to failure to adequately maintain the real estate premises.
Represented residential landlord in dispute with contractor regarding subpar apartment renovations in a Westchester residential building.
Represented a Manhattan Tenant in a dispute with her co-tenant seeking reimbursement and indemnification for rent paid and monies received from a subletter. Obtained Judgment against co-tenant for rent paid, subletter monies, attorneys fees and costs.