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OP Attorneys’ Commentary on the Court of Appeals’ Tort Decisions Published in New York Law Journal

By Jeffrey S. Lichtman, Richard A. Menchini and Fiona Ley, New York Law Journal - August 24, 2015

During the past twelve months, the New York Court of Appeals has handed down three decisions in which the underlying action was a medical malpractice claim, yet the issues to be decided on appeal had little to do with the malpractice itself.  They instead dealt with: the standard for legal malpractice cases where a ruling […]

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Successful Proxy Litigation Paves Way for Client’s Slate of Directors at Annual Meeting; Business Judgment Rule No Defense to Entrenchment Tactics

April 9, 2015 OP successfully represented its client, a board member and significant shareholder of Forward Industries, Inc., in a proxy contest against the incumbent board of directors.  In the process, OP achieved the rare result of persuading the Court to enjoin the issuance of preferred stock by the company, arguing that the issuance was […]

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Continuous Representation Doctrine Allows Accounting Malpractice Action to Proceed

March 25, 2015

OP successfully defeated a motion to dismiss its client’s accounting malpractice claim based on the continuous representation doctrine – normally a challenging endeavor in New York.  OP’s client, a designer and manufacturer of luxury women’s apparel, brought an accounting malpractice claim against its former accounting firm and its member, which for years served as the […]

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Medical Monitoring Cause of Action Rejected in One of Three Stand-Out Cases

Jeffrey S. Lichtman and Richard A. Menchini, New York Law Journal - August 25, 2014

Over the past year, the New York Court of Appeals has handed down three decisions that provide clear and broadly applicable interpretation of both statutory rules and common law principles in tort cases. These cases deal with a medical facility’s duty to protect patients’ medical records and the employer’s vicarious liability for acts of employees […]

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Sometimes It’s Not Trespassing: Making Local Law 11 or Other Repairs When an Adjacent Landowner May Not Want To Help

By Christopher P. Parnagian, O'Hare Parnagian LLP - August 18, 2014

New York City Local Law 11 requires a building’s exterior walls and appurtenances to be periodically examined by a licensed architect or engineer. If the professional finds an unsafe condition, then she must file a report indicating same with the Department of Buildings. When such a report is filed, the building owner must correct the […]

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‘Morrison’ Bars Claims Against Portuguese Bank Over Shares Bought Through Foreign Entities

By Robert A. O’Hare Jr. and Andrew C. Levitt, New York Law Journal - February 28, 2011

Horvath has a residence in Portugal and his wife is fluent in Portuguese. Through accounts with Banco Comercial Portugues S.A. (BCP), he invested $4.5 million in “HSH Shares” and “Snowball Notes” involving purchase of shares of German banks though Luxembourg and Island of Jersey entities. The securities were not listed on domestic exchanges nor bought […]

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Firm Had Sufficient Notice of Lawsuit, Binding it to Settlement, Triggering Indemnification Liability

By Robert A. O’Hare Jr. and Michael Zarocostas, New York Law Journal - April 19, 2010

Supreme Court had dismissed plaintiff’s complaint seeking recovery of $6.35 million expended in defending and settling a lawsuit brought by Western Mining & Investments LLC (WMI). Tri-Links Investment Trust, which acquired a majority interest in a debtor-in-possession group, had opposed the WMI deal. Reversing Supreme Court’s dismissal, the First Department granted plaintiff summary judgment as […]

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