|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||||||||
|
 |
||||||||
|
|||||||||
CIVIL AND COMMERCIAL LITIGATION The firm represents clients in civil and commercial litigation in all courts, federal, state, and local. The firm has successfully litigated complex commercial cases involving Lanham Act, corporate dissolution, real property actions, construction, corporate, limited liability company, banking, contracts, and corporate governance. The firm also handles personal injury, breach of fiduciary duty, trust and estates, environmental law, and landlord-tenant cases. Recent cases have included: the representation of an entertainment industry personality in a multi-million dollar lawsuit arising out of the individual’s Manhattan real estate holdings; the representation of a corporate executive sued by his former corporate employer for the recoupment of millions of dollars in fees the corporation had advanced for the executive’s defense in litigation arising out of the executive’s actions in his corporate capacity; the representation in a partition and sale action of the holders of a majority interest in a major piece of commercial real estate in New York City; the representation of a high net worth individual in a breach of fiduciary duty law suit against a major international bank due its mishandling of tens of millions of dollars in stock holdings; the defense of a bank in a class action lawsuit; the representation of the founder and benefactor of a multi-million dollar charitable trust in an intra-family dispute over the foundation’s control; and the representation of the minority member of a limited liability company victimized by the majority member’s predatory activities. |
|||||||||
|
|||||||||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | |||||||||
|
|||||||||
|
The firm represents clients in appellate practice in all courts, including state appellate courts and federal circuit courts of appeal. The appellate experience and expertise of its members provides clients with the highest caliber of appellate advocacy. Mr. Lynn has represented clients in the New York State Court of Appeals, the New York State Appellate Divisions, the United States Circuit Courts of Appeals for the First, Second, and Sixth Circuits, and the Supreme Court of the United States. Judge Gartner has represented clients in the New York State Court of Appeals, the New York State Appellate Divisions, First and Second Departments, the United States Circuit Court of Appeals for the Second Circuit, and the Supreme Court of the United States. Mr. Dunne has represented clients in the New York State Appellate Division, the United States Circuit Court of Appeals for the Second and Sixth Circuits, and the Supreme Court of the United States. A sampling of representative appellate and federal cases includes:
|
|||||||||
|
|||||||||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | |||||||||
|
|||||||||
|
The firm advises judges, lawyers, law firms, government agencies, and corporate law departments on a wide variety of legal ethics and professional practice issues. The firm represents judges and lawyers on disciplinary matters, litigates sanctions and disqualification motions, provides risk management and advisory ethics opinions, consults on partnership disputes, advises lawyers and clients on billing and fee issues, represents bar applicants, and Judge Gartner has served as an expert witness on professional responsibility issues. |
|||||||||
|
|||||||||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | |||||||||
|
|||||||||
|
Already an experienced trial and appellate advocate, Judge Gartner, in his years as the judge assigned to a criminal Individual Assignment Part, was responsible for overseeing a docket of almost 900 criminal cases in every phase of prosecution, from initial post-arraignment conferences through pre-trial motions, hearings, plea bargaining, trial, post-trial motions, and sentencing. He also presided at the arraignment phase of defendants charged with every manner of criminal offense, and in the part of the court devoted to conferencing, conducting preliminary hearings, and if possible resolving, felony prosecutions. The firm is available to handle not only the usual defense of criminal matters, but to assist the profession, on a special counsel or of counsel basis, with motions and appeals which present issues of urgency and complexity going beyond the routine, and which require particular creativity, originality, experience and ability. |
|||||||||
|
|||||||||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | |||||||||
|
|||||||||
BUSINESS AND REAL ESTATE TRANSACTION In addition to representing owners, developers, purchasers, architects, construction firms, and others, in myriad real estate related litigation; and businesses of varying size and scope in litigation of all kinds, including breach of contract, unfair competition, Lanham Act, fraud, and other tort claims and defenses; the firm regularly puts the experience of its principals, their track record as negotiators, and their dedication to a careful and thorough drafting approach, to the service of its clients in the negotiation and documentation of major business and real estate transactions. |
|||||||||
|
|||||||||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | |||||||||
|
|||||||||
|
The firm brings to bear the business and litigation expertise of its principals in representing varying sports-related interests. In addition to the real estate related, employment, and contract litigation in which Judge Gartner represented one National Hockey League franchise, he represented the then-current owners of the franchise in a dispute with the prior ownership regarding a multi-million dollar difference in the ultimate purchase price which remained due on re-sale, as well as collateral litigation to determine whether the dispute should be resolved in an arbitration before a designated accounting firm, or before the Commissioner of the National Hockey League. Judge Gartner also represented the Standardbred Owners Association in a number of litigations, including one with Yonkers Raceway in which he obtained an injunction preventing the simulcast transmission of racing from Yonkers Raceway until an agreement with the Standardbred Owners had been reached on the payment to be received from the transmissions. Judge Gartner acted as local counsel when an athlete sued various athletic governing boards, including the United States Olympic Committee, over her suspension for failing a drug test. He was responsible for preparing one of three former appellate judges who were retained by a yacht club during the appellate phase of litigation over the controversial use of a catamaran in a defense of yachting’s America’s Cup. Judge Gartner handled a lawsuit addressing whether the sale of subscription rights to purchase New York Knicks and New York Rangers tickets violated New York’s ticket scalping laws, and defended a prominent public figure charged with violating New York’s criminal ticket scalping laws based upon a street transaction. |
|||||||||
|
|||||||||
The information provided by our website does not represent legal advice or solicitation to any person(s) who view the content pages. The object of the website is to provide general information about our firm and its members. |