Representative Transactions & Decisions

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Counseling Developers of Luxury Housing in NYC

We represent a privately held real estate development company focused on developing luxury housing and office space, mostly located in Manhattan, NY. We guide the client through all aspects of development including acquisition, marketing, construction management, development and finance. Most recently, we served as counsel to the client as they acquired premises in Little Italy …

Practice Areas
Real Estate

Representative Attorneys

David H. Cohen


Karaoke Promotion for Beer Manufacturer

One of the world’s largest beer manufacturers, Pilsner Urquell, came to Moritt Hock & Hamroff LLP with a problem. It wanted to run a marketing promotion for one of its brands in California which involved customers in numerous bars being given the opportunity to make a karaoke CD which they could take home with them. …

Practice Areas
Marketing, Advertising & Promotions

Representative Attorneys

Alan S. Hock


Equipment Lessor – $53 Million Portfolio

Moritt Hock & Hamroff LLP recently represented a major equipment leasing and financing source against an originator of leases concerning a $53 million portfolio. The Firm’s client provides leasing and financing services as a funding source to finance the acquisition of equipment purchased by originators of such leases. In accordance with the client’s Private Label …


International Tourism Office Sued by Ex-Employee

Moritt Hock & Hamroff LLP secured a significant litigation victory for the local tourism office of a foreign country sued by a former employee for the alleged breach of her employment contract, defamation and other employment-related claims. The court granted the employer’s motion to dismiss certain of the claims due to lack of subject matter …

Practice Areas
Employment


Defended Former Employee in Anti-Competition Claim

Moritt Hock & Hamroff LLP was retained by an employee who had recently been enjoined by a trial court from competing with her former employer. Moritt Hock & Hamroff LLP replaced the employee’s former counsel and immediately sought relief from an appellate court. After showing the appellate court that the employee’s activities for her new …

Practice Areas
Employment


Commissions Due Former Employee Successfully Obtained

The Employment Law group recently obtained the payment of commissions unjustly withheld by a recruiter’s former employer. When the employer suddenly terminated the employee and refused to pay him significant commissions on placements he had made or initiated while employed, litigation was commenced on the employee’s behalf in New York State Court against the former …

Practice Areas
Employment


Successfully Averted Huge Compensation Expense for Employer

Moritt Hock & Hamroff LLP has been successful at both the trial and appellate level in defending companies’ classifications of workers as employees or independent contractors. We recently prevented a client from incurring a potentially catastrophic workers’ compensation expense, by defeating claims that a particular class of worker should have been treated as employees and …

Practice Areas
Employment


Shareholder Dispute Solved

Moritt Hock & Hamroff’s multi-disciplinary expertise was instrumental in resolving a long-running dispute between shareholders in a large group of family-owned businesses. The businesses were involved in real estate development, construction, real estate management and other real estate related investment activities. We were retained to represent one of the two shareholders in the businesses in …


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 …

Practice Area
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


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 …

Practice Area
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


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 …

Practice Area
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


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 …

Practice Area
Employment

Representative Attorneys

Julia Gavrilov
A. Jonathan Trafimow


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 …

Practice Area
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


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 …

Practice Area
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


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 …

Practice Area
Employment

Representative Attorneys

A. Jonathan Trafimow
James P. Chou
Kelly D. Schneid


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 …

Practice Area
Litigation

Representative Attorneys

Robert S. Cohen
Jacquelyn J. Moran


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 …

Practice Area
Landlord & Tenant

Representative Attorneys

Gregory G. Calabro
Jacquelyn J. Moran


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 …

Practice Area
Litigation

Representative Attorneys

Stephen J. Ginsberg
Michael S. Re


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 …

Practice Area
Litigation
Real Estate

Representative Attorneys

Robert M. Tils


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 …

Representative Attorneys

Robert M. Tils


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 …

Practice Area
Corporate & Securities
Litigation

Representative Attorneys

Robert M. Tils


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 …

Practice Area
Corporate & Securities
Litigation

Representative Attorneys

Robert M. Tils


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 …

Practice Area
Creditors’ Rights & Bankruptcy
Litigation

Representative Attorneys

Robert M. Tils


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. …

Practice Area
Litigation
Real Estate

Representative Attorneys

Robert M. Tils


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 …

Practice Area
Litigation

Representative Attorneys

Stephen J. Ginsberg
Robert M. Tils


Practice Area
Litigation

Representative Attorneys

Michael S. Re


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

Practice Area
Construction Law

Representative Attorneys


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 …

Practice Area
Litigation

Representative Attorneys

Neil J. Moritt


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 …


Practice Area
Litigation

Representative Attorneys


Practice Area
Litigation

Representative Attorneys


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 …


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 …

Practice Area
Litigation

Representative Attorneys

Robert M. Tils


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 …

Practice Area
Litigation

Representative Attorneys

Alan S. Hock