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.
APPEALS
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 Division, 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 Division,
First and Second Departments, the United States Circuit Court
of Appeals for the Second Circuit, and the Supreme Court
of the United States.
A sampling of representative appellate and federal cases
includes:
- Cashmere & Camel
Hair Mfrs. Institute v. Saks Fifth Ave., 284 F.3d 302 (1st
Cir., 2002), cert. denied, 537 U.S. 1001, 123 S. Ct. 485,
154 L.E.2d 396 (2002);
- Hollister
v. Dayton Hudson Corp., 201 F.3d 731 (6th Cir. 2000), cert.
denied, 531 U.S. 819, 121 S. Ct. 58 (2000);
- Eastern
Scientific Co. v. Wild Heerbugg Instruments, Inc., 572
F.2d 883 (1st Cir., 1978), cert. denied, 439 U.S. 933,
99 S. Ct. 112 (1978);
- In
re Design Concepts Ltd., 293 A.D.2d 605, 741 N.Y.S.2d 93
(2 Dept., 2002);
- New
York Sign & Supply-Impressive Products,
Inc. v. Delong Realty Co., 282 A.D.2d 510, 733 N.Y.S.2d 756
(2 Dept., 2001).
- Carrefour
U.S.A. Properties Inc. v. 110 Sand Co., 918 F.2d 345 (2nd
Cir. 1990);
- Foschi
v. U.S. Swimming, Inc., 916 F.Supp. 232 (S.D.N.Y. 1996);
- North
Triphammer Development Corp. v. Ithaca Associates, 704
F.Supp. 422 (S.D.N.Y. 1989);
- McCann
v. Scaduto, 71 N.Y.2d 164, 524 N.Y.S.2d 398 (1987);
- Key
International Mfg. Inc. v. Stillman, 103 A.D.2d 475, 480
N.Y.S.2d 528 (2nd Dep’t 1984), aff’d
as modf’d, 86 N.Y.2d 924, 498 N.Y.S.2d 795 (1985);
- Greater
N.Y. Savings Bank v. Delco Development Co. of Roslyn, 252
A.D.2d 570, 675 N.Y.S.2d 300 (2nd Dep’t
1998);
- Inc.
Vill. of Laurel Hollow v. Owen, 247 A.D.2d 585, 669 N.Y.S.2d
222 (2nd Dep’t 1998);
- Standardbred
Owners Ass’n v. Yonkers Racing
Corp., 239 A.D.2d 491, 658 N.Y.S.2d 954 (2nd Dep’t
1997);
- Gugleotti
v. Lincoln Sec. Life Ins. Co., 234 A.D.2d 514, 651 N.Y.S.2d
600 (2nd Dep’t 1996);
- F & N Corvette & Classics v. Corvette Repairs,
Inc., 206 A.D.2d 349, 613 N.Y.S.2d 930 (2nd Dep’t 1994);
- Grumman
Aerospace Corp. v. Rice, 199 A.D.2d 365, 605 N.Y.S.2d 305
(2nd Dep’t 1993);
- Rice
Aircraft, Inc. v. Grumman Aerospace Corp., 196 A.D.2d 583,
601 N.Y.S.2d 181 (2nd Dep’t 1993);
- Grumman
Aerospace Corp. v. Rice, 196 A.D.2d 572, 601 N.Y.S.2d 189
(2nd Dep’t 1993);
- CBA
Industries, Inc. v. Circulation Management, Inc., 179 A.D.2d
615, 578 N.Y.S.2d 234 (2nd Dep’t 1992);
- Leal
v. Simon, 147 A.D.2d 198, 542 N.Y.S.2d 328 (2nd Dep’t
1989);
- Shovak
v. Long Island Commercial Bank, _ A.D.2d _, _ N.Y.S.2d
_, 2006 WL 3801278 (2nd Dep’t 2006)
PROFESSIONAL RESPONSIBILITY
The firm represents attorneys in professional liability
cases and grievance matters, as well as counseling them on
professional responsibility and ethics issues.
Judge
Gartner is a special professor of legal ethics at Hofstra
Law School. He is the past Chairman of the New York State
Bar Association Committee on Standards of Attorney Conduct,
and the Nassau County Bar Association Professional Ethics
Committee, on both of which he continues to serve, as well
as a member of the New York State Bar Association Committee
on Professional Ethics. Furthermore, Judge Gartner is a lecturer
on civil and criminal practice, as well as ethics, for both
the New York State Bar Association and the Nassau Academy
of Law.
CRIMINAL DEFENSE AND APPEALS
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 TRANSACTIONS
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.
SPORTS-RELATED
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 a horsemen’s
association in a number of litigations, including one with
a major race track in which he obtained an injunction preventing
the simulcast transmission of racing from the track until
an agreement with the horsemen’s association 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
sail 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.
