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Cases of Interest
 

Elizabeth Street Inc. v. Oscar Z. Ianello Associates Inc., 4/5/07 N.Y.L.J. 18 (col. 1) (Plaintiffs claimed that the now-deceased landlord had promised that upon his death, he would leave plaintiffs ½ interest in a building if they would renovate parts of it and sought specific performance of the alleged 1989 agreement. Court found that none of the underlying leases evidenced an intent to transfer anything other than a leasehold interest and therefore found no enforceable agreement existed; argued by Andrew A. Kimler, Esq.)

Scarsdale Milk Farms, Inc. v. Scarsdale Equities Associates, 12/4/02 N.Y.L.J. 24 (col. 5) (By seeking to alter purchase option in lease, landlord unreasonably withheld consent to assign lease and held liable for $74,870.10 and attorneys fees and disbursements of $24,399.15; argued by Andrew A. Kimler, Esq.)

Korea First Bank New York Agency v. World Bridge, Inc., 269 A.D.2d 233, 702 N.Y.S.2d 815 (1st Dept. 2000) (Motion by bank for renewal must be based on material facts unknown or unavailable at the time of the original motion; argued by Andrew A. Kimler, Esq.)

Bruce Rubino v. Loretta Csikortos, 258 A.D.2d 638, 683 N.Y.S.2d 924 (2d Dept. 1999) ( In order to set aside a confession of judgment, a person must commence a new lawsuit; argued by Joseph Trotti, Esq.)
In-Sook Chang v. Dong Choi, 247 A.D.2d 279, 668 N.Y.S.2d 615 (1st Dept. 1999) (Appellate court upheld jury verdict of $231,810 arising out of unpaid loan, finding it not against the weight of the evidence; argued by Andrew A. Kimler, Esq.)

Walker & Zanger v. Leon Zanger, 245 A.D.2d 144, 666 N.Y.S.2d 152 (1st Dept. 1997) (Trial court properly enjoined majority shareholders' attempt to remove corporate president and court's appointment of a tie-breaking director was consistent with shareholder agreement; argued by Andrew A. Kimler, Esq.)

Walker & Zanger (West Coast), Ltd. v. Leon Zanger, 213 A.D.2d 287, 624 N.Y.S.2d 827 (1st Dept. 1995) (Trial court properly held that corporation must be represented by neutral counsel in litigation pertaining to third party; argued by Andrew A. Kimler, Esq.)

Michael Segal v. McDaniel Ford, Inc., 201 A.D.2d 717, 608 N.Y.S.2d 324 (2d Dept. 1994) (Plaintiff had submitted sufficient evidence to sustain his claims for damages arising from improper repairs and loss of use of vehicle; argued by Joseph Trotti, Esq.)

Theresa Babbo v. Gaetano Babbo, 191 A.D.2d 606, 595 N.Y.S.2d 328 (2d Dept. 1993) (Trial court properly denied motion to vacate matrimonial judgment since defendant failed to demonstrate acceptable excuse for default nor meritorious defenses; argued by Joseph Trotti, Esq.)

Matter of Estate of Anna Druck, 3/2/05 N.Y.L.J. 20 (col. 1) (Surrogate's Court denied Trustees' claim for reimbursement of principal payments to life beneficiary holding that payments made out of the trust corpus were proper, given the limited nature of invasion, and that such payments for lifetime beneficiary's support were authorized under the discretion given to trustees to invade trust corpus for such purpose; argued by Bernard Vishnick, Esq.)


 

 
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