We obtained outright dismissal of a claim brought involving two separate real estate transactions, and claims under the New York Debtor and Creditor Law (i.e., plaintiff claimed the two sales were fraudulent conveyances designed to avoid the payment of a judgment). The Commercial Division in Brooklyn agreed with us, and our fantastic innocent-by-stander client, and dismissed the case outright (and denied the plaintiff leave to amend), ruling (correctly) that there was absolutely nothing wrong with the transfers, in a well-reasoned, and interesting decision. (access it here).
We obtained a massive win in Federal Court, in the Southern District of New York, on behalf of our wonderful client, an international travel company. In this internet unfair competition/non-disparagement action, we obtained outright dismissal of the complaint in a decision issued by the Hon. Valerie E. Caproni. The decision was also written up in the New York Law Journal (access it here).
This was a big victory our client, a wonderful New York cooperative corporation located in Queens, New York. On appeal, a panel of judges in Manhattan agreed with us and reversed the decision of the trial court to dismiss our client’s case, leading to the case being reinstated, and paving the way for a favorable resolution. In other words, a complete 360. The case involved a little known and often overlooked federal statute known as the Cooperative and Condominium Abuse Relief Act, that serves as a powerful tool for cooperatives and condominiums.
This was round two in a battle between our client, a wonderful, well-known, and respected international travel company, and another travel company over purported claims of unfair competition under New York and California law. We obtained dismissal of the case once in August 2022, but the plaintiff was allowed to amend some of its claims. This time, Judge Valerie Caproni granted our motion and dismissed the amended complaint, with prejudice, and later awarded us costs and attorneys’ fees.
Many cooperatives and condominiums have, for decades, overlooked potent statutory rights, enabling them to recapture building amenities currently under long-term, unfavorable leases with their developers