Professional services

EXPERIENCE
I have more than fifteen years of litigating a wide range of issues including corporate control, applications to pierce the corporate veil, fraudulent conveyances, condominium disputes, foreclosures, enforcement of easements, and guardianships.
I have obtained orders
• enjoining a transfer of real property in an action to set aside a fraudulent conveyance
• awarding summary judgment enforcing an acceleration clause in a commercial lease
• enjoining the sale of automotive products under a licensing agreement
• denying summary judgment against an individual for indemnification in the amount of seven hundred thousand dollars
• dismissing a complaint seeking seven million dollars in damages against the principals of a shell corporation

My services include:

  • case evaluation
  • conducting legal research
  • devising litigation strategy
  • preparing pleadings
  • conducting discovery
  • making and opposing motions
  • drafting and arguing appeals
  • editing and proofreading (a “second set of eyes” reading for clarity, tone, phrasing and typographical errors)
  • policy research and analysis
Appeals
Reported decisions:
172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Assn, Inc., 24 N.Y.3d 528 (2014). The Court of Appeals affirmed summary judgment in favor of my client, a commercial landlord, on a liquidated damages clause after the tenant abandoned the property and the lease was terminated. (My oral argument appears as number 228, the last argument on November 19, here about 10 minutes into the video.)

172 Van Duzer Realty Corp. v. 878 Education, LLC, 142 A.D.3d 814 (1st Dept. 2016).
The Appellate Division, First Department, reversed an order dismissing the complaint in an action for fraudulent conveyance of the assets of a for-profit trade school in the unique circumstance where the school’s principals contracted for the compensation to be paid to them personally. The Court accepted the argument that this fact pattern is within the doctrine that transfers to insiders of the corporate transferor are presumptively fraudulent.

Pacific Dean Realty, LLC v. Specific St. LLC, 105 A.D.3d 827 (2nd Dept. 2013).

The Appellate Division, Second Department, affirmed summary judgment on defendant tenant’s counterclaims for a portion of a condemnation award. The Court agreed that the defendant’s failure to comply strictly with the terms of its option to obtain its portion did not invalidate its exercise of the option.
Pacific Dean Realty, LLC v. Specific St. LLC, 105 A.D.3d 827 (2nd Dept. 2013). The appellate division affirmed summary judgment for the client, a tenant asserting a claim for a portion of an eminent domain award corresponding to the value of the unexpired portion of its lease term.