The Proof Is In the Outcome.
Our measure of achievement as a law firm is consistently delivering successful solutions for our clients. In our practice, there is no tolerance for not realizing the goals set before us, whether it’s obtaining the reversal of a prior precedent involving the liability of a burglar alarm service company or defending against an art forgery claim. Relying upon innovative strategies and due diligence, we strive to achieve optimal results for our clients in the most expeditious and cost-efficient manner possible.
Here are just a few of our significant cases and rulings:
NEWMAN MYERS KREINES GROSS, P.C.
V. GREAT NORTHERN INS. CO.
2014 U.S. Dist. LEXIS 57338 (S.D.N.Y. 2014)
The firm successfully argued that business interruption losses as a result of Con Edison’s preemptive shut down of power to lower Manhattan did not satisfy a policy's “direct physical loss or damage” requirement – setting important precedent in a developing line of cases in the wake of Superstorm Sandy.
RAPID PARK INDUSTRIES
V. GREAT NORTHERN INSURANCE COMPANY
2010 WL 4456856 (S.D.N.Y. 2010), aff’d, 502 F. App'x 40 (2012)
In a suit involving the storied “Apthorp” luxury building, the firm successfully obtained summary judgment dismissal of an attempt to recover business interruption losses and punitive damages against an insurer arising from a government mandated closure of the building’s garage. On appeal in 2012, the U.S. Court of Appeal for the Second Circuit affirmed and clarified New York law as to when “ensuing loss” claims are permitted under all risk policies.
T & C LEASING, INC. V. WACHOVIA BANK, N.A.
421 N.J. Super. 221 (App. Div. 2011)
Subject of a New Jersey Law Journal Article, the firm obtained a summary judgment dismissal of a creditor’s claims against Wells Fargo for its alleged failure to honor a post-judgment levy. In a case of first impression, the New Jersey Superior Court, Appellate Division, upheld the Bank’s position that the creditor’s levy did not create a continuing lien against the Wells Fargo customer account.
McCARTHY V. WACHOVIA BANK, N.A.
759 F. Supp. 2d 265 (E.D.N.Y.2011)
The firm obtained a summary judgment dismissal of a putative class action brought against a bank alleging violations of the depositor’s constitutional due process rights, the Fair Debt Collection Practices Act, New York’s Deceptive Businesses and Practices Act, and CPLR Article 52, for honoring a restraining notice issued across state and against an account opened in another state.
FLAUM V GREAT NORTHERN INS. CO.
28 Misc. 3d 1042 (N.Y. Sup. Ct. 2010)
The firm successfully defended an art insurer in a claim alleging forgery based upon the refusal of The Wildenstein Institute to authenticate a painting attributed to Renoir.
MANHATTAN MED. DIAGNOSTIC & REHABILITATION, P.C.
V. WACHOVIA NATL. BANK, N.A.
49 A.D.3d 461(1st Dep't 2008)
The firm obtained a summary judgment dismissal of a lawsuit alleging that a bank failed to act in a commercially reasonable manner in allowing a third party to open a checking account in another’s name, resulting in the conversion of multiple checks. The New York Appellate Division, First Department agreed that the bank’s conduct was reasonable under the circumstances, warranting dismissal of the case.
SIEGEL V. CHUBB CORP.
33 A.D.3d 565, 825 N.Y.S.2d 441 (1st Dept. 2006)
The firm successfully litigated the issue of an all risk policy excluding mold claims in the context of alleged construction defects in a Manhattan luxury high rise building. The New York Appellate Division, First Department, also ordered the condominium owner to return to the insurer a six figure advance payment made under a non-waiver agreement.
GRECO V. FIRST UNION NATIONAL BANK
267 A.D.2d 278, 701 N.Y.S.2d 553 (2000)
In a case that distinguished prior unfavorable precedent and set the current New York Appellate Division standard of care for a bank’s safe deposit liability, the firm obtained the dismissal of a customer’s claim involving a mysterious disappearance in connection with a safe deposit burglary.
GUARDIAN LIFE INS. CO. V. CHEMICAL BANK
257 A.D.2d 451, 682 N.Y.S.2d 584 (1st Dept. 1999), aff’d, 94 N.Y.2d 418 (2000)
In yet another front page New York Law Journal article, New York’s Court of Appeals extended the scope of the UCC’s “fictitious payee” rule and set new parameters for the banking industry’s protection in enforcing the UCC’s allocation of fault for a phony life insurance loan scheme involving fraudulent checks.
IDONE V. PIONEER SAVINGS AND LOAN ASSOCIATION
159 A.D.2d 560, 552 N.Y.S.2d 424 (2nd Dept. 1990)
The firm successfully argued before the New York Appellate Division, Second Department, that a national burglar alarm service company could not limit its liability to its bank customer for its grossly negligent acts in the context of a massive safe deposit box burglary. In a case of first impression, the Second Department reversed the trial court’s ruling, which had enforced the limitation of liability contained in the burglar alarm service contract. The case was the subject of a front page New York Law Journal Article.
STATE OF NEW YORK V. BARCLAY’S BANK
76 N.Y.2d 533, 561 N.Y.S.2d 697 (1990)
Subject of another front page New York Law Journal Article, the firm obtained dismissal of the State of New York’s complaint against Barclay’s Bank, affirmed in the Court of Appeals, in a case ruling which was subsequently codified in the UCC regarding negotiable instruments and their delivery.