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Defendant Insurer moved for summary judgment dismissing the first and fourth causes of actions of the Plaintiff Insured’s complaint, which sought to recover damages for breach of contract (the insurance policy) and specific performance of the contract.  The trial court granted the motion and the Appellate Division, Second Department, affirmed. […]

In two companion cases, Partner Evan Richman obtained a dismissal of lawsuits brought by estates of deceased tenant/cooperators against the largest Mitchell-Lama cooperative complex to leave the Mitchell-Lama system and then reconstitute as a private cooperative on the ground that Plaintiffs lacked standing to sue.  The Appellate Division affirmed, holding […]

In two related cases, Partner Evan Richman obtained dismissal of lawsuits brought by a shareholder against a cooperative alleging breach of contract and seeking reallocation of shares to plaintiff’s apartment and asserting claims for fraud and related declaratory and injunctive relief. A copy of the two decisions can be found […]

Partner Evan Richman obtained dismissal on behalf of Upper East Side cooperative of shareholder’s petition alleging claims of excessive and unreasonable noise and various Building Code violations in shareholder’s apartment and in the building. A copy of the two decisions can be found here: http://www.courts.state.ny.us/reporter/3dseries/2015/2015_50264.htm

Of Counsel William Billings obtained an affirmance in the Appellate Division, First Department, of an Order which granted defendants’ motions for summary judgment dismissing the Complaint.  Plaintiff sought to recover from Defendant insurance companies and insurance agent the proceeds of two life insurance policies on which she was designated as […]

Fleischner Potash wins summary judgment in decision that provides guidepost for what an Insurer should do when it receives notice after the entry of a default judgment in a lawsuit subject to NY Insurance Law 3420. When an Insured provides late notice to an Insurer under a policy issued or […]