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 in the underlying medical...
Continue ReadingOP 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 nothing more than an unlawful entrenchment tactic...
Continue ReadingOP obtained dismissal of all claims brought by a plaintiff-attorney against OP’s client, a loan servicer who had no relationship with the attorney. The plaintiff-attorney alleged he had a charging lien on a default judgment he obtained for his former client in an action on a second lien mortgage on real property. The default judgment was later sold to...
Continue ReadingOP 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 client’s de-facto accounting and finance department....
Continue ReadingOver 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 performed outside the scope...
Continue ReadingNew 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 unsafe condition within a...
Continue ReadingHorvath 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 or sold in the...
Continue ReadingSupreme 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 to liability on its...
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