Decisions

Print Page

MHH Prevails On Motion To Dismiss Complaint Against Board Of Directors

Plaintiff is a duly appointed Chapter 7 Trustee for the bankruptcy estates of a debtor and six affiliated debtors (the “Debtors”), which were founded by three private equity firms through the acquisition of 14 amusement parks, resorts and family entertainment centers across the United States.  After pursuing an aggressive growth strategy, including the acquisition of …


MHH Prevents Ex-Boyfriend From Misappropriating Terminally Ill Decedent’s Assets

MHH’s client is the decedent’s mother. She retained MHH after learning that the beneficiary designations on three of her daughter’s assets totaling approximately $1,000,000 were suspiciously changed in favor of an old boyfriend just months before her daughter tragically died of cancer.  Stephen Ginsberg and Karen Davakis of MHH moved expeditiously to freeze the financial …

Practice Area
Litigation
Trusts & Estates

Representative Attorneys

Karen C. Davakis
Stephen J. Ginsberg


MHH Collects $2.9 Million Dollars For Direct-Care Workers In Class Action Lawsuit

In a class action lawsuit filed in the Supreme Court, Albany County, MHH, led by Robert Schonfeld and Nancy Hampton, obtained monetary relief in the sum of $2.9 million dollars for 282 “front-line” workers who provide direct and hands-on care to individuals with intellectual and developmental disabilities residing in community residences. Pursuant to the Federal …

Practice Area
Litigation
Not-For-Profit

Representative Attorneys

Robert L. Schonfeld


MHH Obtains Favorable Victory In Lemon Law Dispute For Pro Bono Client

MHH was retained by the plaintiff after she was sold a used lemon vehicle from an automobile dealership over and above the advertised sales price, and deceived into purchasing various add-on packages and warranties that failed to cover the defects in the lemon vehicle. Within weeks of the sale, the lemon vehicle was deemed inoperable …


MHH Obtains Preliminary Injunction & Prejudgment Order Of Attachment In Dispute Concerning Suspicious Changes In Decedent’s Estate Plan

MHH was retained by the plaintiff after she learned that the beneficiary designations on three of her daughter’s assets totaling approximately $1,000,000 were suspiciously changed in favor of an old boyfriend just before her daughter tragically died of cancer.  Led by Stephen Ginsberg and Karen Davakis, MHH filed a complaint and an order to show …

Practice Area
Litigation
Trusts & Estates

Representative Attorneys

Stephen J. Ginsberg
Karen C. Davakis


MHH Obtains Favorable Decision In Chapter 11 Case

MHH obtained a favorable decision on behalf of the majority bondholder in the chapter 11 case of the National Museum of American Jewish History (Bankr. E.D. Pa. Case No. 20-11285). On April 6, the United States District Court for the Eastern District of Pennsylvania affirmed a decision and order of the Bankruptcy Court presiding over …


MHH Obtains Cross-Motion For Summary Judgment Victory In Highly Contested Church Election Dispute Case

MHH represented the Board of Elders and Deacons of the Community Church of Great Neck.  In 2020, there was an election for the position of Deacon on the Church’s Board of Elders and Deacons.  The by-laws of the Church require that anyone running for the position must receive a majority of the votes at the …

Practice Area
Litigation
Not-For-Profit

Representative Attorneys

Michael Calcagni
Robert L. Schonfeld


MHH Defeats DOH’s Motion To Dismiss Article 78 Proceeding

MHH was retained by EverCare Choice Inc. (“EverCare”), a managed long term care plan, to challenge the decision by the New York State Department of Health (“DOH”) to freeze the risk score it uses to determine the partial capitation and nursing home transition rates (“Rates”) charged to its members.  Led by Peter Zlotnick, Ted Berkowitz, …


MH&H Achieves Favorable Settlement In FINRA Arbitration

Moritt Hock & Hamroff obtained a highly favorable settlement for our client, a brokerage firm, in a FINRA Arbitration initiated by a competing brokerage firm.  The claimant, our client’s adversary, alleged that our client inappropriately raided claimant’s employees, interfered with contractual agreements between claimant and its employees, and misappropriated claimant’s trade secrets, resulting in alleged …

Practice Area
Dispute Resolution
Litigation

Representative Attorneys

Stephen J. Ginsberg


MH&H Prevails In FINRA Arbitration Hearing To Expunge Customer Complaints

Moritt Hock & Hamroff prevailed in a FINRA Arbitration resulting in the expungement of two separate customer complaints against our client, a financial advisor at a major investment banking and brokerage firm.  Two separate complaints were lodged against our client which were ultimately reported on his Central Registration Depository (“CRD”) and in his FINRA records.   …


Blake Gardens, LLC v. State Of New Jersey, 2019 U.S. Dist. WL 5064652 (D.N.J. 2019)

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 …


Moritt Hock & Hamroff Prevails On Six-Day Arbitration Trial

Moritt Hock & Hamroff prevailed after a contentious six-day trial before the American Arbitration Association. Our client, the General Manager and 10% owner of one of the largest automobile dealerships in Staten Island, was terminated without cause. Despite a written agreement, the dealership refused to pay our client for his 10% ownership interest in the …

Practice Area
Dispute Resolution

Representative Attorneys

Stephen J. Ginsberg
Alexander D. Widell


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


Signature Financial LLC v. Neighbors Global Holdings, LLC

Moritt Hock & Hamroff prevailed in enforcing a floating forum selection clause for Signature Financial LLC, as part of Signature’s action to recover outstanding sums due on multiple equipment lease agreements against multiple lessees.  The action, originally brought by Signature in state court, was removed by the Defendants to federal court in the Southern District …


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


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

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

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, M&A & 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, M&A & 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 …


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