--Obtained a reversal in the Second Circuit determining that arbitration provision in company's handbook and separate employment agreement did not require arbitration of Title VII claims. White v. Cantor Fitzgerald, et al., 2010 U.S. App. LEXIS 19681 (2d Cir. 2010).
--Obtained dismissal of all claims against individual Board members and officers of luxury Soho cooperative in connection with commercial tenant's attempt to annex common areas, defeated the same, and granted permission to terminate lease. Loeb v. 112 Greene Street Owners Corp., et al., 2010 N.Y. Misc. Lexis 2186, No. 103145/10 (N.Y. Co. 2010).
--Represented nationally recognized drug testing laboratory in obtaining dismissal of civil rights claims brought as a putative class action claiming negligent testing and false-positive test results. Landon, et al. v. County of Orange, et al., 2009 U.S. Dist. LEXIS 64927 (S.D.N.Y. 2009).
--Represented Board of Directors of New York City cooperative in obtaining dismissal of false arrest and other tort-related claims in connection with protests over nesting place of well-known red-tail hawk, "Pale Male," on building facade. Karim v. Board of Directors, et al., No. 117223/05 (N.Y. Co. 2007).
--Obtained judgement requiring purchaser to forfeit deposit on $4 million apartment where purchaser attempted to avoid closing on sale. Park v. Zbarsky, et al., June 25, 2009, N.Y.L.J., 25, No. 116761/08 (N.Y. Co. 2009).
--Successfully argued before New York State's highest
court to have timeliness questions referred to arbitration based on the
applicability of the Federal Arbitration Act to a $6 million construction
project involving a 34-story landmark building. Diamond
Waterproofing Systems, Inc. v. 55 Liberty Owners Corp., 4 N.Y.3d
247 (2005).
--Obtained an $18 million judgment, following a three-month
jury trial, on behalf of a 1,700-unit residential cooperative against
its insurer, arising out of the collapse of a 90,000
square foot
underground parking garage. The verdict was featured as one of the “National
Verdicts of the Month” in the June 2004 edition of Verdict
Search National.
--Obtained affirmance in the Second Circuit of
dismissal of claims brought by an international investment bank against
Mexico’s
largest steel manufacturer in connection with a $330 million loan transaction. JP Morgan Chase
Bank v. Altos Hornos de Mexico, S.A. de C.V., 412 F.3d
418 (2d Cir. 2005) (New York Law Journal “Decision of the Day,” July
19, 2005).
--Obtained a $3 million award, together with costs
and attorneys' fees, following a multi-day hearing before the International
Centre for Dispute Resolution of the American Arbitration Association,
on behalf of Mexico's largest steel manufacturer involving a contract
dispute with one of its resellers. Altos Hornos de
Mexico, S.A. de C.V. v. Stahlschmidt Trading Ltd. and Stahlco Limited,
50 181 T 00298 02 (2005).
--Won a Federal bench trial verdict dismissing success-fee claim arising out of acquisition of business practice group. Management Recruiters of Boulder v. National Economic Research Assocs., Inc., 2006 U.S. Dist. LEXIS 52076 (S.D.N.Y. 2006).
--Obtained affirmance in the Appellate Division, Second Department, of dismissal of multi-million dollar claim by self-insurance trust fund against claims management company. Baumann v. Sedgwick Claims Management Servs., Inc., 824 N.Y.S.2d 923 (2d Dept., 2006).
--Secured a federal jury verdict, following
a two-week trial, dismissing securities fraud claims against investment
advisor. Walther v. Maricopa,
et al., 97
Civ. 4816 (S.D.N.Y. 2000).
--Won reinstatement in
the Second Circuit of a dismissal of an Americans with Disabilities Act
claim representing the first appellate court decision to
recognize an ADA claim by an employee “perceived” by his or
her employer as disabled but not, in fact, disabled. Heyman
v. Queens Village Committee for Mental Health for Jamaica Community Adolescent
Program, Inc.,198
F.3d 68, 10 A.D. (2d Cir. 1999).
--Successfully prosecuted multi-million
dollar NYSE arbitration against leading investment bank for failure to
execute
sale of 150,000 shares of restricted
stock pursuant to S-1 registration statement.
--Represented withdrawing
partner of major national law firm in multi-day arbitration before the
AAA
seeking aliquot share of accrued firm profits
prior to withdrawal.
--Obtained judgment in New York State Housing
Court, following ten-day bench trial, on behalf of real estate owner
and developer, terminating
leasehold
interest and evicting commercial tenant.
