New York Studios, Inc. et ano. v. Steiner Digital Studios, LLC et al., 151 A.D.3d 454, 53 N.Y.S.3d 526 (1^st Dept. 2017).  We successfully represented the defendants in defeating a claim of breach of contract, breach of fiduciary duty, and related claims by a minority member of a joint venture relating to the multi-million development of one of the major movie and television production facilities on the East Coast of the U.S.  On defendants’ motion, the lower court dismissed the majority of the claims in the Complaint as a matter of law, and on appeal, the Appellate Division, First Department, reversed the lower’s court determination which had permitted any of the claims to survive and dismissed the entire action as a matter of law.

Williamsburg Business Park v. Brooklyn Navy Yard Development Corp., 2 A.D.2d 439, 767 N.Y.S.2d 834 (2^nd Dept. 2003). The firm successfully represented the Brooklyn Navy Yard Development Corp. in defeating a challenge to its right to control the multi-million dollar development of a five-acre tract of land in the Navy Yard by a developer seeking to enforce a preliminary leasing agreement for the site over the objections of the Navy Yard. The lower court granted our motion to dismiss the developer’s Complaint and the dismissal was upheld by the Appellate Division.

Garal Wholesalers, Ltd. v. Miller Brewing Company, 193 Misc.2d 630, 751 N.Y.S.2d 679 (Sup. Ct. Suffolk Co. 2002). The firm assisted in representing a local beer distributor targeted by a national brewer seeking to terminate long-standing distributorship rights. This case was the first constitutional challenge to an amendment to Alcoholic Beverage Control Law Section 55-C, which strengthened the rights of beer distributors against arbitrary terminations by brewers. The court found that the amendment was both constitutional and enforceable, and awarded tens of thousands of dollars in interim counsel fees to the distributor.

Metro Spanish Food Wholesalers, Inc. v. Jetro Cash-and-Carry Enterprises, Inc., 137 Misc.2d 54, 519 N.Y.S.2d 917 (Civil Court, Bronx Co. 1987), aff’d. 139 Misc.2d 208, 530 N.Y.S.2d 506 (App. Term., 2^nd Dept. 1988). The firm successfully represented the petitioner in its effort to evict a former tenant and regain control of a large warehouse in the Bronx Terminal Market, defeating the efforts of a much larger competitor to control the space.