Dec v BFM Realty, LLC  2017 NY Slip Op 05936  Decided on August 2, 2017  Appellate Division, Second Department is a legal malpractice and fraud case dismissed (after a number of years of litigation) in Kings County.  It alleged fraud and judiciary law § 487 violation.  Summary judgment was granted against Plaintiff.  Trying to glean…

Plaintiff was working in the movie industry.  He and the movie company came to a parting, and a separation agreement was produced between him and the company, negotiated by the company’s CEO.  Later Plaintiff was not paid his equity investments and did not get certain credits.  Board is unhappy with the deal itself, and blames…

There is a long history of doctor-lawyer litigations.  Often there seems to be a disconnect between the world-views of the protagonists.  Lawyers may seem avaricious and doctors naive and pedantic.  In Dubrow v Herman & Beinin  2017 NY Slip Op 31545(U) July 21, 2017 Supreme Court, New York County  Docket Number: 651605/2016  Judge: Ellen M.…

Under Labor Law §240(1) a person may prevail in litigation if injured “during the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240[1]; see Moreira v Ponzo, 131 AD3d 1025, 1026; Enos v Werlatone, Inc., 68 AD3d 713, 714). In determining whether a particular activity…

Wimbledon Fin. Master Fund, Ltd. v Weston Capital Mgt. LLC  2017 NY Slip Op 31515(U)
July 17, 2017  Supreme Court, New York County  Docket Number: 653468/2015 as explained by  Judge Shirley Werner Kornreich is the material of a movie.  Here it is in a nutshell:

“This action involves approximately 30 defendants and has already, in…

First off, look at the lineup.

Chadbourne & Parke LLP, New York (Thomas J. Hall of counsel), and Cooley LLP, New York

Sidley Austin LLP, Washington, DC (

Sidley Austin LLP, New York

Quinn Emanuel Urquhart & Sullivan, LLP, New York

Kirkland & Ellis LLP, Washington, DC (Paul Clement) , Williams & Connolly, New York…

The statute, which has been with us in one form or another for more than 800 years does not mention “egregious” nor “chronic” nor a “pattern of delinquent behavior.”  487 is handled differently in the First Department, and in the other Departments, there appears to be a lower threshold for its application.  Here in Gelwan …

We are pleased to say that the Court of Appeals answered a certified question in our favor in Gevorkyan v Judelson   2017 NY Slip Op 05176  Decided on June 27, 2017  Court of Appeals
DiFiore, Ch. J. a case we have labored on over the past several years.  In this novel question of law, the…