Shovak v. Long Island Commercial Bank, 35 A.D.3d 837, 829 N.Y.S.2d 546 (2d Dep’t 2006)

On behalf of a financial institution, which had acted as a mortgage broker, Lynn, Gartner & Dunne obtained the reversal of an order of the Supreme Court, Nassau County, which had certified a plaintiff class in a mortgagor’s action claiming that the mortgage broker had improperly obtained a yield spread premium from the mortgagee as a kickback or bribe for obtaining a higher interest rate on the loan.  Class de-certified.

Snyder Fulton Street, LLC v. Fulton Interest, LLC, 57 A.D.3d 511, 868 N.Y.S.2d 715 (2d Dep’t 2008)

On behalf of the undivided six-sevenths tenant-in-common owner of a $77 million five-story commercial property in downtown Brooklyn, Lynn, Gartner & Dunne obtained the reversal of an order of the Supreme Court, Kings County, which after trial had directed that the property be physically partitioned rather than partitioned via the sale of the property and division of proceeds.  Sale of property and division of proceeds directed.

Southampton Brick and Tile, LLC v. Suffolk County National Bank, 68 A.D.3d 880, 889 N.Y.S.2d 473 (2d Dep’t 2009)

On behalf of a victim of corporate embezzlement, Lynn, Gartner & Dunne obtained the reversal of an order of the Supreme Court, Suffolk County, which had held that the bank into which the embezzled funds had been deposited was entitled as a matter of law to apply those funds to a judgment held against the embezzler by the bank itself (based upon an unrelated loan), and thus had dismissed the victim’s turnover proceeding against the bank.  Turnover proceeding reinstated.

J.W. Mays, Inc. v. Snyder Fulton Street, LLC, 69 A.D.3d 572, 893 N.Y.S.2d (2d Dep’t 2010)

On behalf of the owner of a $77 million five story commercial property in downtown Brooklyn, Lynn, Gartner & Dunne obtained the reversal of an order of the Supreme Court, Kings County, which had dismissed the owner’s multi-million dollar claims against the commercial lessee, on the ground that the commercial lessee was not responsible for making substantial capital improvements to the subject premises, despite a lease clause making the commercial tenant responsible for structural repairs.  Claims reinstated.

BSI, LLC v. Angelo Toscano, 70 A.D.3d 741, 896 N.Y.S.2d 102 (2d Dep’t 2010)

On behalf of a promissory note holder, Lynn, Gartner & Dunne obtained the affirmance of an order of the Supreme Court, Nassau County, upholding the note holder’s auction sale and self-purchase of corporate stock held as collateral, where the defaulting obligor had failed prior to the auction to tender an amount sufficient to satisfy its obligations, and thus redeem the collateral, due to the omission in the tender of, inter alia, an amount to cover the note holder’s attorney’s fees.  Sale confirmed.

McDougall v. Scoppetta, 76 A.D.3d 338, 905 N.Y.S.2d 262 (2d Dep’t 2010)

On behalf of a decorated and disabled fire fighter, Lynn, Gartner & Dunne obtained a reversal of the New York City Fire Commissioner’s decision to terminate the employment, pension and health benefits valued at over $2 million based on a single failed drug test. Decision reversed based on the finding of the Appellate Division that the penalty shocked the conscience and reinstating Fire Fighter McDougall’s pension and health benefits.  Article published on front page of New York Law Journal on July 21, 2010 and decision published therein on July 22, 2010.

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