Monthly Archives: December 2024

Perella Weinberg Sued Kramer For Breach of Non-Solicitation Agreement

Posted on December 30, 2024 | Comments Off on Perella Weinberg Sued Kramer For Breach of Non-Solicitation Agreement

Did PWP State Cognizable Cause of Action Against Former Employee

Perella Weinberg Partners LLC sued Michael A Kramer for breach of an agreement not to solicit PWP’s employees. Supreme Court denied Kramer’s motion for partial summary judgment dismissing the complaint and granted PWP’s motion for summary judgment.  Kramer appealed.

Supreme Court properly granted PWP’s motion for summary judgment to the extent of declaring that the personnel non-solicitation covenant was enforceable. The enforceability of the personnel non-solicitation clause was determined using a three-factor test. A personnel non-solicitation covenant is reasonable and therefore enforceable if it: (1) is no greater than is required for the protection of the legitimate interest of the employer; (2) does not impose undue hardship on the employee; and (3) is not injurious to the public. A violation of any prong renders the covenant invalid.

Continue reading →

Comments Off on Perella Weinberg Sued Kramer For Breach of Non-Solicitation Agreement

Posted in Litigation

Plymouth and Woodcock Sue Montage and Smith For Panoply Of Business Torts

Posted on December 27, 2024 | Comments Off on Plymouth and Woodcock Sue Montage and Smith For Panoply Of Business Torts

Did Supreme Court Properly Dismiss Complaint as Failing to State a Cause of Action?

Plymouth Capital, LLC and Christian J. Woodcock commenced an action against Montage Financial Group, Inc. and Brett M. Smith, former vice president of Plymouth, seeking to recover damages for breach of contract, tortious interference with contract, tortious interference with prospective business relations, aiding and abetting breach of fiduciary duty, and unjust enrichment, and to recover in quantum meruit.

Plymouth alleged that, in August 2015, Plymouth entered into an exclusive agency agreement with Melton Mullinix, Jr., the owner of a life insurance policy and Melton Mullinix, Sr., the insured under the policy for Plymouth to serve as the exclusive agent of record with respect to the sale of the policy. Plymouth also alleged that, in September 2015, Montage presented an offer to purchase the policy for the sum of $1,500,000 to Smith, who was operating on behalf of Plymouth. In September 2015, Plymouth, by Woodcock, a life insurance settlement broker, executed and returned a contract request form for the sale of the policy to Montage. According to Plymouth, Smith then formed Sterling Settlements, LLC and procured an agreement signed by the Mullinix family naming Sterling, instead of Plymouth, as the exclusive agent of record for the sale of the policy. Plymouth and Woodcock further alleged that Montage wrongfully compensated Smith for the sale of the policy and that they were not compensated for the transaction.

Continue reading →

Comments Off on Plymouth and Woodcock Sue Montage and Smith For Panoply Of Business Torts

Posted in Litigation, New York Law

Traveler Injured in Fall From Curb at Stewart Intern’l Airport

Posted on December 23, 2024 | Comments Off on Traveler Injured in Fall From Curb at Stewart Intern’l Airport

Were Pictures, Absent Measurements, Sufficient to Establish Liability

During a July afternoon Kathy Synder and her husband, D. Jay Snyder, parked in the long-term parking lot at Stewart International Airport in Orange County and walked toward the Airport terminal to catch a flight. It was, according to Kathy, a “nice, clear day.” Kathy and D. Jay each pulled a piece of carry-on luggage behind them. They walked on a sidewalk that was separated from an access road by a fence, with D. Jay to the left and Kathy to his right. At approximately 4:00 p.m., Kathy tripped on what she later described as “a piece of raised sidewalk,” causing her to fall and sustain injuries. A cone was subsequently placed at the site where Kathy tripped. Photographs of the area were taken that day at 4:03 p.m., along with others taken a few days later. Repairs were made to the sidewalk in the days following the incident, before any objective measurements were made by anyone of the misleveled sidewalk slab where the accident occurred.

The Snyders sued  AFCO Avports Management LLC and the Port Authority of New York & New Jersey to recover damages for personal injuries Kathy allegedly sustained as a result of the accident. AFCO provided certain management services for the Airport and managed the long-term parking lot. The Port Authority was the commercial lessee of the Airport.

Continue reading →

Comments Off on Traveler Injured in Fall From Curb at Stewart Intern’l Airport

Posted in Litigation, Personal Injury

Borrower Sues to Have Loan Declared Usurious/Unenforceable

Posted on December 19, 2024 | Comments Off on Borrower Sues to Have Loan Declared Usurious/Unenforceable

Court Determines if Claim Was Barred By Statute of Limittaions

According to his complaint, Theodore Welz was in the business of acquiring and disposing of real property. In early 2017, he formed 571 Acad 3C, LLC for the purpose of purchasing a condominium unit located at 571 Academy Street, Unit 3C in New York City. 571 Acad took title to the property on July 27, 2017. On or about November 29, 2017, Welz borrowed $200,000 from SN Funding LLC, in exchange for providing SNF with a deed to the property, as well as pledging his 100% interest in 571 Acad as security for the loan. Welz and SNF modified the loan, increasing the principal amount and extending the maturity date. The complaint did not allege that either the original loan or the first modification were at a usurious rate of interest. The parties modified the loan again on October 18, 2018, increasing the principal to $285,666.50, extending the maturity date three months to January 31, 2019, and increasing the interest rate to 2.75% per month, annualized to 33%.

Welz purportedly defaulted on the loan, and on March 6, 2019, SNF recorded the deed to the property transferring title from 571 Acad to SNF. SNF subsequently sold the property to Ailene Brown.

Continue reading →

Comments Off on Borrower Sues to Have Loan Declared Usurious/Unenforceable

Posted in Litigation

Real Property Owner Sues Insurance Company To Recover Fire Damages

Posted on December 16, 2024 | Comments Off on Real Property Owner Sues Insurance Company To Recover Fire Damages

Did Carrier Properly Disclaim For Misrepresentation on Coverage Application?

In May 2013, Abdus S. Azad,  the owner of real property located in Elmhurst, submitted an application to the Kingstone Insurance Company for a fire insurance policy for the property. In the application, Azad represented that the property was a two-family dwelling. Kingstone issued a fire insurance policy to Azad, which was renewed on an annual basis through July 2018.

On May 11, 2018, within the policy period, the property was damaged by a fire. The New York City Department of Buildings, which conducted an investigation, found that the property had been illegally converted to a seven-family dwelling with twenty-three occupants. Shortly thereafter, Azas submitted a notice of claim to Kingstone under the insurance policy. In June 2018, Kingstone disclaimed coverage for the damages caused by the fire and rescinded the insurance policy on the ground that Azad had made a material misrepresentation on his application concerning the use of the property by claiming it was a two-family dwelling.

Continue reading →

Comments Off on Real Property Owner Sues Insurance Company To Recover Fire Damages

Posted in Litigation, Real Estate

School Sued After First Grader Injured During Recess

Posted on December 12, 2024 | Comments Off on School Sued After First Grader Injured During Recess

Was Adequate Supervision Provided Under the Circumstances?

Karen Acosta, as mother and natural guardian of her infant child, sued the Yonkers Public Schools to recover damages for personal injuries her child allegedly sustained when, as a first-grade student, the infant child fell from a slide at a school playground during recess. The complaint asserted a cause of action alleging negligent supervision.  Yonkers moved for summary judgment dismissing the complaint, contending that it provided adequate supervision of the infant and, in any event, that any alleged negligence on its part was not a proximate cause of the child’s injuries.  Supreme Court denied the motion. Yonkers appealed..

Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision. Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students.

Continue reading →

Comments Off on School Sued After First Grader Injured During Recess

Posted in Litigation, New York Law, Personal Injury

Owner Sues Towing Company For Car Seized By Police

Posted on December 9, 2024 | Comments Off on Owner Sues Towing Company For Car Seized By Police

Was Vehicle Legally Sold at Auction? Action Time-Barred?

Thomas Jackson sued Casino Towing Service, Inc. to recover for conversion, breach of a constructive bailment, negligence, unjust enrichment, and violation of the Lien Law in regards to his vehicle, which was seized by the New York State Police, towed by CTS February 7, 2017, and thereafter sold at auction on March 23, 2018.

Jackson moved to dismiss CTS’s affirmative defenses, including failure to state a cause of action and statute of limitations. In his affidavits in support of his motion, Jackson averred that he went to CTS’s place of business on February 8, 2017 demanding the return of his vehicle and providing a notice of recorded lien from his financing company which listed him as the owner of the vehicle. Jackson further averred that CTS refused to release the vehicle without proof of ownership in the form of a valid title or registration.

Continue reading →

Comments Off on Owner Sues Towing Company For Car Seized By Police

Posted in Litigation, New York Law

Residential Coop Unit Owner Charges Neighbor With Conduct Forcing Family to Move Out

Posted on December 5, 2024 | Comments Off on Residential Coop Unit Owner Charges Neighbor With Conduct Forcing Family to Move Out

Court Decides Whether Owner States Legally Cognizable Claims Against Neighbor

Ervin Mrishaj purchased a proprietary lease for apartment D2K at 920 Pelhamdale Avenue, Pelham, New York, from nonparty cooperative Caroline Gardens Apartment Corporation October 5, 2021. He, his wife, Tropoj Mrishaj, and their two children moved into the apartment at the beginning of November 2021. Faith Elise Moore lived  in apartment D1K, directly below the Mrishaj family.

The Mrishaj’ alleged that every day, from November 5, 2021, to March 25, 2022, Moore constantly screamed profanities at them and repeatedly struck her ceiling with a broom or similar hard object. They alleged that Moore’s conduct adversely affected their sleep and health and the development of the children, particularly child E.M., who ran screaming to her parents from the noise.

Continue reading →

Comments Off on Residential Coop Unit Owner Charges Neighbor With Conduct Forcing Family to Move Out

Posted in Litigation, Real Estate

Fibres Sought to Pierce LLC Veil: Principals Transferred Assets to Entities They Controlled

Posted on December 2, 2024 | Comments Off on Fibres Sought to Pierce LLC Veil: Principals Transferred Assets to Entities They Controlled

Did Court Properly Deny Motion to Dismiss Debtor and Creditor Law Claims?

Louis Monteleone Fibres, Ltd. initially sued to recover damages for breach of contract against Hudson Baylor Brookhaven, LLC, Green Stream Recycling, LLC, Joseph Winters, and Anthony Core. Fibres filed an amended complaint adding Winters Bros. Green Stream Intermediate Holdings, LLC  and GSR Holdings, LLC defendants.

In the amended complaint, Fibres alleged that it was a broker in waste paper and was in a business relationship with HBB, the operator of a municipal landfill, pursuant to an operations and maintenance agreement with the Town of Brookhaven. Fibres and HBB agreed that HBB would supply Fibres with recycled newspapers of a particular quality. However, according to the complaint, HBB provided noncompliant product, which caused Fibres to suffer substantial losses.

Continue reading →

Comments Off on Fibres Sought to Pierce LLC Veil: Principals Transferred Assets to Entities They Controlled

Posted in New York Law