Category Archives: Business & Complex Litigation – Court Decisions

Fair Housing Act Claim: Beating a Motion to Dismiss

We defeated an attempt to have a federal Fair Housing Act case dismissed. In ruling in favor of the firm’s client, the United States District Court agreed that the various legal claims asserted were valid and that the lawsuit must fully proceed. Our client was subjected to discrimination in connection […]

Class Action : Venue Victory

We prevented the transfer of a class action to federal court to preserve the rights of the class members to litigate in the forum of their choice. The decision addresses the timing and propriety of removal of cases to federal court from state court and legal issues regarding ERISA. Carol […]

Municipal Liability & Fraud: Case Dismissed

Bill O’Mahony represented a village and zoning board in a suit involving numerous claims seeking damages for the denials of variances and permits. Through the development of the evidence and extensive legal briefing, the court was convinced that the legal claims asserted had no merit and the entire case was […]

Fraudulent Conveyance of Real Estate: Reversal of Adversary’s Win

Supreme Court used the wrong procedure to rule in favor of a plaintiff, setting aside a real estate transaction. Harold Levy represented the Defendant, on appeal, seeking to reverse the decision.  Mr. Levy presented the appeals court with numerous reasons for reversing the judgment against his client, including procedural irregularities […]

Legal Malpractice: Case Dismissed

A lawyer was sued over his tax advice in a series of complex transactions. Partner Bill O’Mahony defended the attorney.  He prepared extensive legal briefing regarding the timing of all of the transactions and conduct involved and the applicable statute of limitations. The court was convinced that there was no […]

Multiple Court Victories in Commodities Transaction Litigation

Harold Levy litigated on behalf of a party to a commodities transaction seeking recovery for goods delivered but not paid for.   In a series of court decisions Mr. Levy defeated multiple attempts by the defendant to dismiss various legal claims and he was victorious on appeal in two separate […]

Shareholder Derivative Action: Counterclaims Dismissed

Plaintiff in a real estate venture sued for an injunction, an accounting, and damages arising from allegations of waste and mismanagement. Defendant counterclaimed for diversion of corporate opportunity.   Partner Bill O’Mahony litigated the case for the Plaintiff. He made a motion to dismiss the counterclaims and succeeding in obtaining […]

Fraud & Breach of Contract: Case Dismissed

A pharmaceutical and food packaging manufacturer was sued for fraud and breach of contract arising out of transactions with another company to purchase machinery. The transactional history and complexity of the events spanned a number of years involving issues of design, engineering, and the representations made between the parties.   […]

Asset Transfer Litigation Regarding Pharmacy

Harold Levy logged yet another win the New York Appellate Division in a case involving the Uniform Commercial Code, bulk sales, asset transfers, and the voidability of an asset transfer. Mr. Levy succeeded in obtaining an order setting aside a transfer of the defendant/debtor’s assets to a third party due […]

Property Damage Liability Litigation: Affirming Success on Appeal

We recovered a substantial sum for a commercial tenant from its negligent landlord who caused complete destruction of our client’s business inventory in a retail store. We vigorously defended our success in an appeals court and won, affirming legal principles regarding parties who default in promptly responding to a lawsuit. […]