Representative Experience
CommercialRepresented a major chemical company in a case involving claims of breach of a contract for the sale of synthetic gems. During the representation, conducted two separate trials before a jury in the New York County Supreme Court; argued two separate appeals in the Appellate Division for the First Department; and argued another appeal in the Court of Appeals.
Represented a large insurance company in an insurance coverage litigation against the County of Onondaga, N.Y., relating to an Owners and Contractors' Protective Liability Policy issued by our client on behalf of the County. Argued motions for summary judgment in the Onondaga County Supreme Court and appeal to the Appellate Division for the Fourth Department.
Represented a large international alcohol distributor in a case that included a claim by our client that the defendant had improperly terminated the beer distributorship agreement between the parties. The representation included a preliminary injunction hearing in the U.S. District Court for the Eastern District of New York, an appeal to the U.S. Court of Appeals for the Second Circuit, and extensive arbitration hearings.
Represented manufacturer in litigation with investment bank over contract for investment banking services. Successfully opposed bank's motion for a preliminary injunction.
Represented the world's largest manufacturer of people-moving products in litigation involving a claim of theft of trade secrets.
Successfully moved for summary judgment on behalf of a foreign bank dismissing an action against the bank on a letter of credit that it had issued.
Bench trial in New York County Supreme Court involving value of lease renewal for a commercial garage.
Represented hospital in litigation against operator of commercial parking facilities. The representation included a jury trial in the New York County Supreme Court and subsequent bankruptcy proceedings of the defendant and related corporations.
Defended client against stockholder litigation in New York and Delaware alleging fraud, breaches of fiduciary duties and market manipulation in connection with a merger in which the client's computer division was merged into a wholly-owned subsidiary of the parent company.
Represented a global fast food company and the U.S. subsidiary of a German automobile manufacturer in franchise and other litigation.
Represented mining company in litigation in the U.S. District Court for the Eastern District of New York against Panamanian shipping company, Canadian freight forwarder, and related parties alleging breaches of contract and tortious acts in connection with a shipment of 2,300 tons of asbestos from Canada to Iran.
Represented various clients in connection with collection of debts and enforcement of judgments (including prejudgment investigation, disclosure, and provisional remedies; post-judgment disclosure and enforcement proceedings; and bankruptcy proceedings).
International
Represented a major airline in an action seeking an injunction restraining Citibank and an Iranian bank from making payments on letters of credit and bank guarantees they issued in connection with a contract entered into by our client and the Imperial Government of Iran shortly before the Iranian revolution in 1979. Successfully argued motion for a preliminary injunction in the U.S. District Court for the Southern District of New York.
Defended a major chemical company in litigation in the U.S. District Court for the Southern District of New York in which the plaintiff, an Iranian corporation, contended that a shipment of plastics it had purchased was defective. In addition to product liability issues, the case presented various international law questions arising from its pendency during the Iranian revolution.
Trusts and Estates
Represented parties in will contests and objections to probate as well as in contested accounting proceedings and against charges of self-dealing. This work has included representation of the Personal Trust Department of Manufacturers Hanover Trust Company.
Real Estate
Conducted six-week bench trial in New York County representing a leading financial protection company in litigation with commercial tenant of 500 Park Avenue over extent of completion of construction. Court awarded judgment of $2.3 million which was the precise amount requested. Representation included involvement in subsequent bankruptcy proceedings of the defendant and related entities.
Conducted two trials (one before a jury and one bench trial) on behalf of separate real estate brokers in New York County, N.Y., seeking payment of real estate brokerage commissions.
Represented an international oil and gas company in Article 78 proceedings challenging determinations by the New York City Buildings Department and Board of Standards and Appeals that the New York City Zoning Ordinance does not permit gasoline service stations and convenience stores to be combined on the same parcel of land.
Represented plaintiffs that instituted litigation against developer of proposed 460-unit condominium building in Orange County, N.Y. Argued Article 78 proceedings and represented clients in hearing before town board.
Defended major oil company in a litigation brought by homeowners claiming personal injuries and property damage as a result of an alleged gasoline leak from service station premises onto their property. Successfully moved for summary judgment dismissing plaintiffs' claims and various cross-claims against the client.
Represented construction companies in various construction disputes, including mechanics' lien litigation.
Represented landlords in various disputes and litigations with commercial and residential tenants.
Labor and Employment
Represented a major chemical company in a case involving a claim by the Chief Labor Counsel that he had been required to retire in violation of the Age Discrimination in Employment Act (ADEA). Plaintiff contended that he did not fit within the statutory exemption for permissible compulsory retirement at age 65 for persons employed in "a bona fide executive or high policy making position." Representation included a preliminary injunction hearing and a trial in the U.S. District Court for the Southern District of New York.
Represented a manufaturer of high-technology products and the world's largest manufacturer of people-moving products in litigation brought by the Equal Employment Opportunity Commission in the U.S. District Court for the Southern District of New York on behalf of several hundred former Otis employees alleging that denial of severance benefits to laid-off workers because they were eligible for pensions constituted a willful violation of the ADEA.
Defended a mining corporation against a charge of age discrimination.
Represented newspaper in litigation with unions relating to delivery of papers
Antitrust
Represented clients in antitrust litigations including a major chemical company, Austrian manufacturer of mining equipment and CEO of television industry corporation.
Represented distributor in connection with California state antitrust and unfair competition claims.
Represented cement manufacturer in connection with Justice Department and Federal Trade Commission investigations of pricing.
Product Liability
Represented elevator manufacturer, chemical manufacturer, oil company and other clients in numerous product liability cases.
Argued appeals for the world's largest manufacturer of people-moving products in the Appellate Divisions for the First and Second Departments in cases involving elevator accidents.
Represented a major chemical company in case involving acetone explosion that included a jury trial in the U.S. District Court for the Eastern District of New York.
Counselled clients relating to various product liability issues (e.g., labelling, warnings, and design of products; insurance; and litigation and settlement strategies).
Defended a major chemical company in class action alleging defects in swimming pool liners in many of the swimming pools on Long Island, N.Y. Successfully opposed plaintiff's motion for class certification.
Defended a major chemical company in case involving alleged toxic neuropathy as a result of plaintiff's exposure to industrial solvents. Argued appeal in the Appellate Division for the Second Department.
Defended a major city housing authority against multiple actions brought by employees of a construction company alleging personal injuries as a result of exposure to PCBs.
Represented a major chemical company in a toxic tort litigation in the U.S. District Court for the District of Maryland in which numerous plaintiff-employees of a chemical processing plant sued various chemical manufacturers for personal injuries allegedly resulting from exposure to the chemicals.
Represented an international oil and gas company in product liability actions, including cases relating to design of service station facilities, equipment (e.g., gasoline pump nozzles and machinery for inflating tires), and products (e.g., tires).
Represented a major chemical company in a lawsuit involving personal injuries allegedly sustained as a result of a fire caused by a consumer product.
Represented a major chemical company in proceedings in the U.S. Bankruptcy Courts in the Southern District of New York and the Southern District of Texas in which our client sought recovery from the operator of a facility for the storage of bulk chemicals in connection with a shipment of 500 tons of a chemical from Texas to Belgium which was contaminated and rejected by the company's customer.
ERISA
Represented the trust administrative committee of a major airline's pilots pension plan in litigation by pilots in the U.S. District Court for the Southern District of Florida alleging violations of fiduciary duties and participation in transactions prohibited under ERISA in connection with making certain investments and loans, alleged failure to diversify investments, and sale of certain properties.
Personal Injury
Supervised the defense of approximately 300 personal injury cases for a major city housing authority including cases involving building security, elevator accidents, premises liability, automobile accidents, and other matters. Representation included successfully arguing an appeal in the Appellate Division for the First Department in a case involving the scope of the "zone of danger."
Represented the world's largest manufacturer of people-moving products in personal injury litigation arising out of accident at a construction site.
Represented an international oil and gas company in numerous personal injury cases involving premises liability, automobile accidents and other matters.
Tried a personal injury case on behalf of a plaintiff in the Westchester County, N.Y. Supreme Court.
Represented physician in connection with medical malpractice litigations and other matters.
Represented major railroad company in connection with personal injury and freight damage claims.
General
Represented the defendant in one of the first "palimony" cases. Successfully argued motion for summary judgment dismissing plaintiff's action in the New York County Supreme Court and appeal in the Appellate Division for the First Department. Conducted deposition of plaintiff that lasted for 46 full days and resulted in transcript of 6,700 pages.
Represented four partners of a major law firm in separate disputes with the firm relating to their departures from the firm. Also represented partner of small law firm in litigation in the U.S. District Court for the Southern District of New York relating to the dissolution of the firm.
Represented national not-for-profit organization in connection with various contractual, labor, trademark and other matters.
Counseled corporate law departments with respect to various litigation management issues such as litigation plans and budgets.
Professional Activities
New York County Lawyers' Association, president, 1992-1994
New York State Bar Association's Executive Committee, member 1991-1994
Association of the Bar of the City of New York, Committee on the Judiciary, chair, 1989-1992, Council on Judicial Administration, 1996-1999
American Bar Association, House of Delegates, member
American Law Institute, member
American Bar Foundation, life fellow
New York Bar Foundation, life fellow
First Judicial Department, Departmental Disciplinary Committee of the Appellate Division, member
Member, New York State Judicial Salary Commission, member
Director, Committee for Modern Courts, director
