December 14, 2015

Representative Decisions in Favor of Business Owners

Nathe v. Weight Watchers International, Inc., New York Law Journal, Decisions of Interest, Sept. 13, 2007 (representing plaintiff small business person; obtained denial of a motion to dismiss claims of plaintiff sounding in deceptive advertising case ultimately settled for a confidential sum).

Neri’s Land Improvement LLC v. J.J. Cassone Bakery Inc., New York Law Journal, Decisions of Interest, July 10, 2007 (epresenting medium size business owner defendant, winning dismissal of action in its entirety which preserved our client’s restrictive covenant and prevented the plaintiff competing business owner from competing with our client’s bakery business in an adjacent property).

Kaung v. Board of Managers of Biltmore Towers Condominium Ass’n., 22 Misc.3d 854, 873 N.Y.S.2d 421 (N.Y. Supreme, Westchester County 2008) (representing coalition of residential unit owners against condominium; holding as an issue of first impression that defendant condominium board was not authorized, without the approval of a majority of the unit owners, to enter into a 25-year lease agreement with defendant wireless services provider) affirmed,70 A.D.3d 1004, 895 N.Y.S.2d 505 (2nd Dep’t 2010).

Peters v Colwell, 2009 NY Slip Op 02980, 61 A.D.3d 729 (2nd Dep’t 2009)(obtained reversal of a lower court decision on appeal in favor of our client the seller of a property the Appellate Division favorably interpreted the residential contract of sale and held that respondent/purchaser failed to establish as a matter of law that appellant/seller could not cure the defects alleged by respondent/purchaser in accordance with the provisions of the contract of sale).

Barchella Contracting Co., Inc. v. Cassone, 88 A.D.3d 832 (2nd Dep’t 2011) (obtained reversal a lower court decision on appeal after four-week jury trial based on improper preclusion of expert of defendant where expert was produced six months before scheduled trial date).

Speedfit LLC et. al. v. Woodway USA Inc., 53 F.Supp.3d 561 (E.D.N.Y. 2014)(representing small business owner of treadmill against larger competitor, obtained denial of a motion to dismiss the claims for breach of contract and theft of patent).