137 Fifth Avenue, New York, NY 10010
Litigation services include representation of individuals and businesses in disputes involving contracts, real estate matters, consignment matters, both simple and complex commercial matters, shareholder and partnership disputes, and loan agreements. We also perform appellate work in state and federal courts. Throughout the past fifty years, we have successfully represented our clients including some in precedent-setting lawsuits.
  • Contract Disputes
  • Real Estate Litigation
  • Business Disputes
  • Commercial Leasing Disputes
  • Shareholder and Partnership Disputes
  • Consigned Goods Disputes and Litigation
  • Intellectual Property
Representative matters:
Braschi v. Stahl Associates Co., 74 N.Y.2d 201 (N.Y. 1989), New York Court of Appeals precedent-setting decision regarding landlord-tenant relationship. The court held that the term “family” was not to be rigidly restricted to those people who had formalized their relationship. The intended protection against sudden eviction was not to rest on fictitious legal distinctions or genetic history, but instead should have had its foundation in the reality of family life.

Hot & Tasty Corp. v. IOB Realty Inc., 270 A.D.2d 67 (N.Y. App. Div. 1st Dep’t 2000) – Civil procedure and discovery obligations in state court. The complaint was properly stricken in response to plaintiffs' deliberate failure to comply with discovery orders, despite numerous opportunities to do so and warnings of the consequences of noncompliance.

Action House v. Koolik, 54 F.3d 1009 (2nd Cir.N.Y. 1995) – Punitive damages and compensatory damages in contract disputes. The court held that the jury instruction on punitive damages was erroneous because it did not make clear that the jury could not award punitive damages unless it also awarded compensatory damages.

Gilman & Ciocia, Inc. v. Mindes, 12 A.D.3d 162 (2004) – Confirmation of arbitration awards and rights of deceased employee to wrongful termination damages. Both the trial court and the appellate court held that the award of deceased employee’s salary for period after his death and for remainder of his contractual term of employment was not irrational construction of agreement; employment was terminated upon wrongful ground asserted by employer.

Fred Howard v. Metropolitan Tower Condominium – Supreme Court of the State of New York, County of New York, Index number 13181/1991. Condominium election and improper solicitation of proxies. We successfully represented a member of the Condominium Board of Managers who was wrongfully removed by proxy votes at an annual election of a high profile condominium, and we were able to compel a new election.

Hrair Kazanjian v. Abdel R. Sati – Supreme Court of the State of New York, County of Kings, Commercial Division, Index number 30980/05. Contested litigation which resulted in judicial dissolution of corporation owning real estate.

Morgan v. Ehrman, 254 A.D.2d 105 (N.Y. App. Div. 1st Dep’t 1998) – Liquidated damages in real estate contracts. The court held that the seller was entitled to retain deposit on real estate contract as liquidated damages. Seller’s “time of the essence” notice proper in all respects, consequently the deposit was forfeited.

Revlon Consumer Prods. Corp. v. Jennifer Leather Broadway, Inc., 858 F.Supp. 1268 (S.D.N.Y. 1994) – Trademark rights, trade regulations and advertising and a defense of trademark infringement claims. Following trial, the court held that the plaintiff failed to establish, by a preponderance of the evidence, that the defendant's advertisements would cause a likelihood of confusion.

SGC Commun. Res., LLC (d/b/a The Learning Annex) v. Seminar Ctr., Inc., U.S. Dist. LEXIS 2862 (S.D.N.Y. Mar. 15, 2001) – Copyright infringement, trade dress infringement and unfair competition issues. The complaint withstood court’s scrutiny and survived motion to dismiss. The plaintiff thereafter proceeded to trial and prevailed.

Greek Tourist Agency, Inc. v. Funaway Tours, Inc., 1980 U.S. Dist. LEXIS 12317 (S.D.N.Y. July 9, 1980) – Challenge to registered trademark as merely descriptive. Following trial, the court held that registered mark was not entitled to protection. The words were generically descriptive and therefore the plaintiff's mark was not protectable under the Lanham Act.

TCPIP Holding Co. v. Haar Communs., 244 F.3d 88 (2d Cir.N.Y. 2001) – Trademarks and dilution protection. Order granting preliminary injunction reversed in part, with regard to the dilution statute, since the plaintiff's mark was not sufficiently distinctive or famous to warrant dilution protection.

Patabbe, Inc. v. IOB Realty, Inc. - United States District Court for the Eastern District of New York, Index number 95 Civ. 2387 – Trademark declaratory judgment action ultimately resolved when “Patsy’s Pizzeria” doing business near the Brooklyn Bridge in Brooklyn was required to change its name to “Grimaldi’s” to avoid confusion with the original “Patsy’s” doing business in New York.
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