Notable Decisions - Zane and Rudofsky

NOTABLE DECISIONS

Dessources v. Chandler, et ano, New York County 156241/2017 (Jaffe, J.S.C., June 12, 2018)

An Article 78 Proceeding in which we successfully challenged the denial by the NYC Department of Buildings of an application for a Master Electrician's license.

For The People Theaters of N.Y. Inc. v. City of New York, 2015 WL4429048 (1st Dept. 2015)

Affirming judgment holding NYC Zoning Amendments unconstitutional.

Multi Capital Group LLC v. Karasick and Skydell, Supreme Court, NY Co., Index No. 652598/2011

By Decision and Order dated April 23, 2015, the Supreme Court, New York County (Werner-Kornreich, J.S.C.), granted our motion for summary judgment and dismissed the plaintiff's Complaint against our clients which sought a $2 Million Finder's Fee with respect to the purchase of the US Steel Tower in Pittsburgh, PA.

Kamchi v. Weissman, 2014 NY Slip Op 09109 (Dec 31, 2014)

The Supreme Court of the State of New York, Appellate Division, Second Judicial Department, re-affirms the correct construction of Religious Corporations Law sec. 200.

Turin v. AmTrust Financial Services, Inc., et al, ARB No. 11-062, ALJ No. 2010-SOX-18 (ARB Mar. 29, 2013)

Whistleblower Complaint Reinstated by U.S. Dept. of Labor Administrative Review Board.

Dabriel, Inc. v. First Paradise Theaters Corp., 99 A.D. 3d 517 (1st Dept. 2012)

The firm appealed and won an important appellate ruling dismissing as a matter of law claims by the tenant of the world-famous Loew's Paradise Theater, and the tenant's principal, seeking to avoid liability on promissory notes and guarantees executed as consideration for the lease.

For The People Theaters of N.Y. Inc. v. City of New York, 38 Misc. 3d 663 (Sup. Ct. N.Y. Co. 2012)

New York Zoning Law Overturned by New York Supreme Court.

Wild West Ventures LLC v. 703 Washington Corp., 95 A.D.3d 740 (1st Dept. 2012)

The firm successfully represented the seller of a building located in Manhattan in defense of a breach of contract claim.

For The People Theaters of N.Y. Inc. v. City of New York, 84 A.D. 3d 48 (1st Dept. 2011)

Reversal of Judgment holding 2001 Adult Use Amendment to NYC Zoning Resolution Constitutional and establishing right to "as applied challenge".

Merkos L'Inyonei Chinuch, Inc. v. Sharf and Congregation Lubavitch, Inc., 923 N.Y.S.2d 355 (2nd Dept. 2011)

Reversing trial Court amendment of judgment in order to eject religious congregation from its historical worship location.

Merkos L'Inyonei Chinuch, Inc. v. Sharf and Congregation Lubavitch, Inc., 59 AD 3d 403 (2nd Dept. 2009)

Modifying injunction.

and 59 A.D.3d 408 (2nd Dept. 2009)

Modifying judgment of ejectment so as to prevent eviction of religious congregation from historical house of worship.

Barrett Japaning, Inc. v. Bialobroda,, 68 A.D.3d 474 (1st Dept. 2009)

Sustaining ejectment of unauthorized "roommates".

In the Matter of Arverne Second Amended Urban Renewal Project, 44 A.D.2d 760 (2nd Dept. 2007)

Upholding the landlord's entitlement to the proceeds of a condemnation proceeding over the tenant's objections.

Solomon v. Lancaster, 19 AD 3d 334 (1st Dept. 2005)

Establishing quorum requirement for taking of testimony before administrative board and extending rule prohibiting union members from hearing license applications by non-union applicants.

1711 LLC v. 231 West 54th Corp., 7 A.D.3d 261 (1st Dept. 2004)

Sustaining award of $750,000 in disputed interest.

Lerner v. Fleet Bank, 318 F.3d 113 (2nd Cir. 2003)

Establishing right to plead separate companion actions so as to invoke diversity jurisdiction.

and 459 F.3d 273 (2nd Cir. 2006)

Sustaining common law negligence claims against Banks in Ponzi scheme.

South Huntington Jewish Center, Inc. v. Heyman, 282 AD 2d 684 (2nd Dept. 2001)

Establishing arbitrability of Human Rights Law claims under broad form arbitration clause.

United States of America v. 55,325 Rentable Square Feet of Space etc.,

A relatively rare and complicated "war-time" condemnation proceeding commenced by the filing of a "declaration of taking" by the U.S. government following the 9/11 attack on the World Trade Center, pursuant to which the government seized 2-½ floors and the garage of the Starrett-Lehigh Building to replace the destroyed Customs House space.

DJL Restaurant Corp. v. Department of Buildings of the City of New York, 273 A.D.2d 167 (2000) (1st Dept 2000)

Establishing that government agencies must have "particular and specific justification" for invoking FOIL exemption. Full Text

Gateway State Bank v. Puma , 229 A.D.2d 373 (2nd Dept. 1996)

Defeating claim for deficiency judgment.

Jay-Jay Cabaret, Inc. v. State of New York, 215 A.D.2d 172 (1st Dept. 1995)

Invalidating 20-year old State Liquor Authority rule as ultra vires.

Jay-Jay Cabaret, Inc. v. State of New York,, 164 Misc. 2d 673 (N.Y. Co. 1994), aff'd 215 A.D.3d 172 (1st Dept. 1995)

Striking SLA "Six Foot Rule".

Potamkin Cadillac Corp. v. BRI Coverage Corp., 38 F. 3d 627 (2nd Cir. 1994)

Affirming dismissal of insurance broker's counterclaims in Civil RICO action.

Weissman v. Albert Einstein College of Medicine, 1992 WL 276850 (S.D.N.Y. 1992)

Summary judgment motion practice, resulting in largest non-confidential settlement of Title VII case against a medical school in U.S. history.

Eight Cooper Equities v. Abrams, 143 Misc. 2d 52 (NY Supreme Court 1989)

Successfully overturning the New York State Attorney General's rejection of a condominium offering plan for 83-85 First Avenue.

Richmond Children's Center, Inc. v. Fireman's Fund Insurance Companies, 128 A.D.2d 849 (2nd Dept. 1987)

Establishing duty of insurer to defend when property is the subject of a licensing agreement, rather than a lease.

Shu-Tao Lin v. McDonnell Douglas Corp., 742 F. 2d 45 (2nd Cir. 1984)

Establishing cause of action for airplane passengers' fear of impending death.

Lerman v. Flynt Distributing Co., Inc., 745 F.2d 123 (2nd Cir. 1984)

Recognition of author Jackie Collins as "limited purpose public figure" and reversal of $10 million verdict as a matter of constitutional law.

United States v. Ronder, 639 F.2d 931 (2nd Cir. 1981)

Reversing conviction of accountant for aiding and abetting filing of false tax returns.

Roba v. United States, 604 F. 2d 215 (2nd Cir. 1979)

Establishing right of Federal prisoner to seek writ of habeas corpus challenging detention in response to removal proceeding.

Gartner v. Snyder, 607 F. 2d 582 (2nd Cir. 1979)

Recognizing theory of "horizontal piercing of the corporate veil" between related corporations.

In Re Robert J. Bradley, Sr.,

One of the largest Chapter 11 proceedings filed in the Western District of New York, where "major firm" in Buffalo, New York had a conflict of interest due to the debtor's business dealings with almost every bank in the jurisdiction.

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