Excel Associates v. Excelsior 57th Corp. Index No. 108755/09
Stuart Berg recently obtained a favorable decision in Supreme Court, New York County, concerning whether certain repairs to a swimming pool in a Manhattan luxury cooperative were considered non-structural in nature and thus, the obligation of the tenant under a master commercial lease. By Decision and Order dated August 3, 2011, the Court granted that portion of the Co-op’s motion for partial summary judgment declaring that the Co-op was not responsible for the cost of the repairs to the swimming pool, based on its finding that the repairs were of a non-structural nature.
Giaimo v. Giaimo; Index No. 12004/07
Michael H. Friedman, successfully represented the plaintiff, the executor of her parents' estates, in an intra-family litigation. In June 2011, after a non-jury trial in the Supreme Court, Westchester County, the Court determined that the defendant had borrowed substantial sums from his now-deceased parents which he had failed to repay, and directed the defendant to make repayment, with interest, to the estates of his deceased parents. Fred Weinstein assisted at trial and Judith Zerden assisted with the underlying motion practice.
2009
Sassower v. 975 Stewart Avenue Associates LLC (valuation of membership interest in LLC whose sole asset was an office building)
HG Equities v. 2400 Apartments LLC (breach of contract on sale of unsold shares)
Howard Schwartz Commercial R.E. v. Ashkenazi (full faith and credit for foreign judgment relating to broker’s fee)
Obtained multi-million dollar verdict in favor of minority shareholders awarding shareholders fair value for their shares in three Bus Companies in an amount that was 67% higher than what was offered by the majority and awarding one half of all attorney’s fees and expert fees incurred by the shareholders due to vexatious conduct of the majority.
Excelsior 57th Corp. v. Excel Assoc. (Yellowstone Injunction)
2008
Estate of Arthur Miller v. Baiata (arbitration concerning partnership accounting to R.E. developer and related state court litigation concerning ability of claims)
Successfully recovered real estate developer’s contract and development costs upon refusal of landowners to proceed with residential real estate development project.
2007
Obtained dismissal of libel complaint which asserted claims of libel per se against local newspaper based on allegations in a published article
Obtained directed verdict dismissing claims of beneficiary of a Trust that Trustee had misappropriated funds of the Trust
2006
Chase Manhattan Mortgage v. Anatian (Appellate Division reversal of lower court’s order vacating Referee’s Deed)
2005
Obtained dismissal of claims of breach of contract and misfeasance asserted by minority members against managing member of limited liability company engaged in the operation of public golf course
2003
Principal members of litigation team that obtained judgment dismissing claims for fraud and breach of a merger agreement asserted against President and Chief Executive Officer of a company engaged in the development of health care products
2000
Obtained an injunction enjoining competitor from publishing shopper publication using the name “Pennysaver” in the exclusive geographic distribution area of client publisher
1998
Was principal member of litigation team that obtained judgment dismissing claims for fraud and breach of a merger agreement asserted against President and Chief Executive Officer of a company engaged in the development of health care products
