Decisions of Interest

Extra, Extra, Read All About It…

What better way to keep you informed? Most of what we do is confidential or otherwise protected by the Attorney-Client Privilege, meaning we cannot talk (or write) about it. This includes (i) the advice we give clients, (ii) the actions taken by clients against our advice, (iii) negotiations, (iv) contracts, and (v) morning coffee talks between Jeff & Scott about family & friends.

Every now and then, though, something becomes newsworthy. The most common example of this would be a court decision which is available to the public. We’ve decided that when such a public event makes us look good, we will do our best to let you know about it.

The results achieved in the Newsletters below are “historical” and not a reliable indicator of future results. Since every case is dissimilar, you should not expect similar results. Nothing here should be construed as professional advice!

Newsletter No. 1 (Pinnacle Bottoms Out)

Newsletter No. 2 (‘Lien’ on Me)

Newsletter No. 3 (“Pay No Attention To That Man Behind The Curtain”)

Big Changes to Small Claims

Newsletter No. 4 (“Slow Down You Move Too Fast”)

Newsletter No. 5 (“My Brother's Keeper”)

Newsletter No. 6 (“Don't Judge A Parcel By Its Papers”)

Below are some cases that we find interesting, some of which were expanded into a Newsletter (see above). Lest we leave you with the impression that we have a perfect track record, we begrudgingly admit that every now and then, a Judge rules against us. It is not likely that you will find those decisions below – unless we were successful on an appeal!

The results achieved in the cases outlined below are “historical” and not a reliable indicator of future results. Since every case is dissimilar, you should not expect similar results. Nothing here should be construed as professional advice!

A Fool For A Client

The Respondent, Vargas Leon Corporation, failed to appear at the housing court hearing on the scheduled date. As a result, a default judgment was entered against it that allowed the Landlord-Petitioner to terminate its license and oust it from the building. The Respondent moved the Court to be restored, arguing that it was not properly […]

A Big Win In Small Claims Court

Simpson v. Islip Terrace Fire District is the rare Small Claims case that merits an entry in our Decisions of Interest. Usually, Small Claims Court is a “People’s Court” where the rules of evidence and civil procedure are relaxed. Litigants casually tell their stories, and the Judge often asks questions. Often, neither side is represented […]

Be Courteous

It is an age-old adage that “records are made to be broken”. Unfortunately, so, too, are contracts. Since the parties who entered into the contract have a vested interest in seeing it fulfilled rather than litigating the breaches, many agreements require the non-breaching party to give written notice of the breach with an opportunity to […]

Pay No Attention To That Man Behind The Curtain

It is a bedrock principle of law that a corporation and the person who owns/operates it are not one and the same. This is true even for people like Bill Gates, Steve Jobs and Mark Zuckerberg, who are forever and inexorably tied to the companies they co-founded. This legal concept that protects the owner of […]

The American Rule

Many places in the world use the “English Rule”, where the prevailing party in a law suit is entitled to recover legal fees. America generally prefers the (aptly named) “American Rule”, wherein each party is responsible for his/her own legal fees unless there is a fee shifting statute or contract provision. We represented the Plaintiff […]

Lien On Me

Shilian v. All Sons Electric is the subject of our second Newsletter. Our client, an electrical contractor, retained us after it was served with legal papers by homeowners challenging the validity of its mechanic’s lien. We argued that the Judge had the inherent equitable power to back date the lien extension so that it was […]

More On Shifting The Burden

After our clients sold their home, they were sued by the (former) brokers. The brokers alleged that they were owed a commission since they introduced the buyer to the seller during the exclusive period of time covered in the broker’s agreement. After discovery was complete, we moved for summary judgment dismissing the complaint, arguing that […]

Shifting The Burden

After our clients’ house sustained significant damage from a burst pipe, they retained a public adjuster to negotiate the best possible settlement with their insurance company. Since the homeowners had already received an offer of $230,000 from the carrier, our clients agreed to pay the public adjuster 10% of any amount recovered above $230,000. The […]