Center For Discovery v. NYC Department Of Education, 2018 NY App Div LEXIS 3432 (1st Dept. 2018)

Center for Discovery, Inc. is a large not-for-profit corporation providing residential and educational services to people with developmental disabilities in Upstate New York. It is seeking reimbursement for special services it is providing to a child with disabilities from the New York City Department of Education.  The New York City Department of Education is refusing …

The Center For Discovery, Inc. v. D.P., his parents V.P. and C.P., U.S. Dist LEXIS 55450 (E.D.N.Y. 2018)

The Center for Discovery is a not-for-profit corporation that provides residential and educational services to people with developmental disabilities.  It initially sought to remove a child from its program on the ground that the child had behavioral issues that the Center for Discovery could not address and filed an action in the United States District …

Rehabilitation Support Services v. Town Of Colonie, 2018 U.S. Dist. LEXIS 44909 (N.D.N.Y. 2018)

Rehabilitation Support Services, Inc. is the largest not-for-profit corporation in New York State providing housing for people with mental disabilities.   It is proposing to establish mixed use housing in Colonie, New York, a suburb of Albany, to house senior citizens, lower middle class workers, and people with mental disabilities. A previous project of the same …

Penn v. N.Y. Methodist Hospital., 884 F. 3d 416 (2nd Cir. 2018)

The First Amendment to the United States Constitution allows religious groups to select their ministers free from government interference, including court actions alleging discrimination.  In a decision of national importance, the United States Court of Appeals for the Second Circuit held that this principle, referred to as the “ministerial exception,” barred an employment discrimination and …

Blake Gardens, LLC v. State Of New Jersey, 2018 U.S. Dist. LEXIS 25458 (D.N.J. 2018)

Blake Gardens is a company in New Jersey that establishes residences for people with Alzheimer’s Disease and dementia.   Prior to a change in law in 2015, it was allowed to establish these residences in any residential zone in the State of New Jersey.  However, due to pressure from a local municipality that was opposing such …

Judi Dobner Therapist Agency LLC v. County Of Rockland, et al.,

The Judi Dobner Therapist Agency provides educational services to children with disabilities in Rockland County.  It had a contract with Rockland County to provide such services that expired in June, 2014.  Nonetheless, the Agency continued to provide such services after the expiration of the contract and the County continued to accept such services and pay …

Alizadeh v. Pei, 2017 N.Y. Misc. LEXIS 4767 (N.Y. Sup. Ct., Kings Co., Dec. 11, 2017)

This decision supports the important proposition that a company sued for wage violations that has valid counterclaims against the employee who brought the action may assert those counterclaims without creating a “retaliation” claim for the employee. In this case, two home attendants sued their former employer, the world-renowned architect I.M. Pei, and others, for wage …

Car Park Sys. of N.Y. Inc. v. Ull, 154 A.D. 3d 444

Plaintiff filed a complaint asserting causes of action against our client for fraud, breach of fiduciary duty, conversion, misappropriation, fraud and an accounting.  After Moritt Hock & Hamroff LLP was successful on a motion to dismiss the complaint, the Plaintiff filed a second action asserting claims against for fraud and an accounting.  The New York …

Henry 85 LLC v. Joel Roodman

In this action, MH&H successfully represented the Community Housing Improvement Program (CHIP) on an amicus brief. Judge Hagler of State Supreme Court handed a victory to owners of 421g buildings.  In the matter of Henry 85 LLC. v  Roodman, the building owner sought a declaratory judgement that an apartment renting for more than the luxury …

Hakki Hayrioglu v. Metropolitan National Bank Mortgage Company LLC, et al., 794 F. Supp. 2d 405

In this action, the plaintiff/borrower, Hakki Hayrioglu (“Plaintiff”), filed a lawsuit against, among other parties, the lender, Metropolitan National Bank Mortgage Company LLC (“Metropolitan”), claiming that Metropolitan inflated the Plaintiff’s income on the loan application so that the Plaintiff would qualify for a loan which he could not afford and then Metropolitan sold the loan …

In re D-A-M Liquidating Corp., 2010 WL 1380371

Kaminer v. Wexler, 40 A.D.3d 405, 836 N.Y.S.2d 139

In this case the plaintiff who allegedly introduced a real estate investor to a real estate developer, asserted claims against the investor, the developer and several of their respective entities based upon an alleged failure by the defendants to pay finder fees.  Although there had been negotiations and draft agreements exchanged between the parties, no …

F&T Management & Parking Corp. v. Flushing Supply Co., Inc., 68 A.D. 3d, 920, 893 N.Y.S. 2d. 66

In this case, MHH&H represented a plaintiff which held a purchase option on several parcels of property which were subject to a ground lease which contained a right of first refusal in favor of the tenant. The parcels were sold to third parties, which sales were subject to both the plaintiff’s option and the tenant’s …

Securities and Exchange Commission v. Haligiannis, 608 F.Supp. 2d.444

In this case, MHH&H represented a judgment creditor of the defendant, who intervened in an action brought by the Securities and Exchange Commission (“SEC”) in which the SEC sought to seize and liquidate the defendant’s assets to pay the victims of the defendant’s securities fraud. MHH&H’s client intervened in order to assert that its judgment …

Flushing Plaza Associates No. 2 v. Albert, 31 A.D. 3d 494, 818 N.Y.S, 2d 252

In this case, MHH&H was retained to represent the defendant in filing an appeal from a decision which had pierced the corporate veil and held the defendant personally liable for the obligations of his former corporation, which had been dissolved.  MHH&H was successful in obtaining a reversal of the decision below on the grounds that …

Aisle National LLC v. K& E Mechanical Inc., 29 A.D. 3d 901, 814 N.Y.S.2d 550

In this action, MHH&H represented the assignee of a money judgment in an action to compel the sale of real property owned by the judgment debtors in order to satisfy the judgment. The defendants opposed the sale on the grounds of payment, release of creditors’ rights and champerty. After an evidentiary hearing to determine whether …

Wexler v. Wexler, 74 A.D.3d. 567, 902 N.Y.S.2d. 348

In this matter, MHH&H represented a group of individual and corporate defendants who had been sued by the younger brother of one of the individual defendants. The plaintiff alleged that he had given his older brother several hundred thousands of dollars to invest in various real estate projects in which the older borther was engaged. …

In The Matter of Lawrence Tumminello v. Florence Bolten, 59 A.D. 3d 727

Fine-Cut Diamonds Corp. v. Eliahu Shetrit, 22 Misc. 3d 1117(A), 880 N.Y.S. 2d 872

In this action, MHH&H represented a diamond dealer against its former salesman to whom it had consigned tens of millions of dollars worth of diamonds and jewelry over a period of several years. The former salesman defended on the various grounds, including that all of the consigned goods had been accounted for either through sales …

Pedinol Pharmacal, Inc. v. Rising Pharmaceuticals, Inc., 512 F.Supp.2d 137

Widom v. Mittman, 833 N.Y.S.2d 502

Fleet National Bank v. Frank Marrazzo, Jr., 804 N.Y.S. 2d 99

United States of America v. RW Professional Leasing Services Corp., 228 F.R.D. 158

LBL Skysystems (USA), Inc. v. APG- America, Inc. et al., 319 F.Supp. 2d. 515

In this action, Mr. Wirth won partial summary judgment, saving the surety approximately $9 million dollars. He thereafter tried the case. Another positive result was obtained. LBL Skysystems (USA), Inc. v. APG- America, Inc. et al., 319 F.Supp. 2d. 515

Mitchell v. Shane, 350 F.3d 39

In this case an African-American couple who had unsuccessfully attempted to purchase a house sued vendors, real estate agency, and listing agent, alleging housing discrimination under Fair Housing Act and state statute.  The United States District Court for the Eastern District of New York, 233 F.Supp.2d 445, Platt, J., granted summary judgment for defendants, and …

Excelsior Designs, Inc. v. Sheres, 291 F.Supp.2d 181

Shefa Unlimited, Inc. v. 544 Park Ave. Realty, LLC, 305 A.D.2d 419

Canon Financial Services, Inc. v. Medico Stationary, 751 N.Y.S. 2d 194

Mitchell v. Century 21 Rustic Realty, 233 F.Supp.2d 418, E.D.N.Y.

In the Matter of Edward Rosen, deceased. 291 A.D.2d 562

William M. Blake Agency, Inc. v. Leon, 283 A.D.2d 423

In this case, MHH&H was retained to handle the appeal of an order in which the trial court had granted the plaintiff’s motion for a preliminary injunction enjoining the defendant from competing with the plaintiff pursuant to a restrictive covenant contained in the defendant’s employment agreement.  MHH&H successfully argued that the plaintiff had not demonstrated …

Windjammer Homes, Inc. v. Lieberman, 278 A.D.2d 411

Copelco Capital, Inc. v. CellularVision of New York, L.P., 277 A.D.2d 274

Simoni v. Time-Line, Ltd., 272 A.D.2d 537

Baiting Hollow Acquisitions, LLC v. Estates of Baiting Hollow, Inc., 266 A.D.2d 490

In this action, MH&H represented a plaintiff seeking to foreclose a mortgage on 17 parcels of property.  Pursuant to a Stipulation of Settlement, title to 2 of the parcels was transferred to the plaintiff and deeds for the remaining 15 parcels were placed in escrow to allow the defendant time to make certain agreed upon …

In re Gurney’s Inn Corp. Liquidating Trust, 215 B.R. 659

Copelco Capital, Inc. v. Packaging Plus Services, Inc., 243 A.D.2d 534

In this action, MHH&H represented a commercial equipment leasing company seeking to enforce an equipment lease that was governed by Article 2A of the Uniform Commercial Code.  After winning a motion for summary judgment on behalf of the plaintiff at the trial court level, the defendant appealed to the Appellate Division.  The Appellate Division, applying …

Ivy Mar Co., Inc. v. C.R. Seasons Ltd., 907 F.Supp. 547

In this restrictive covenant case, MHH&H represented an independent sales representative who was sued by a group of related importers and distributors that he represented, after he accepted a position representing a competitor of the plaintiffs. The plaintiffs sought to enjoin the former sales representative from engaging in competition with the plaintiffs. MHH&H successfully argued …

Parimist Funding Corp. v. Rydzinski, 215 A.D.2d 738

Spirit v. Spirit, 209 A.D.2d 688

In this case a father (the plaintiff)  expended approximately $150,000.00 to construct an addition to the house of his daughter (the defendant) pursuant to an oral agreement whereby the daughter agreed to allow the father to live in the house for the remainder of his life.  After the construction was complete and the father (with …

Sphere Drake Ins. Co. v. P.B.L. Entertainment, Inc., 30 F.3d 21

Circle Business Credit, Inc. v. Lumberman’s Mut. Cas. Co., 205 A.D.2d 728

Lease Factor, Inc. v. Kemcy Model Agency, Inc., 201 A.D.2d 624

Bri-Den Const. Co., Inc. v. Board of Educ., Hempstead School Dist., 200 A.D.2d 605