Men of Steel Enterprises, LLC v. Yaphank Building Supply Corp. et al. No 607796/2022 (Suffolk Sup. Ct. Feb. 6, 2024) (representing defendants, obtained denial of plaintiff’s motion to maintain its Lien Law 77 causes of action to enforce a trust as a class action. Despite this motion being routinely granted, the denial was based on RM’s argument that the plaintiff failed to proffer a reason for its delay in bringing these claims as a class action. This denial paves the way for our client to make a motion to dismiss these very trust lien law claims, which must be brought as a class action under the Lien Law).

Concrete Structures Inc. v. Armory Bldr. III, LLC, No. 508000/20 (N.Y. Sup. Ct. Jan. 10, 2022) (affirming an arbitration award to plaintiff construction company due to the defendant’s improper termination of plaintiff’s contract for alleged failures to send sufficient workers for the weeks of March 30, 2020, and April 6, 2020, refuting the defendant’s claim that the arbitration panel based its decision on COVID-19 force majeure clauses and finding the defendant’s claims of undermanning unfounded).

Yongfu Yang v. An Ju Home, No. 19-CV-5616 (JPO) (S.D.N.Y. 2020) (obtained dismissal under Fed. R. Civ. Pro. Rule 12(c) of Fair Labor Standards Act and New York Labor Law claims alleged by subcontractor’s employees against general contractor, demonstrating the lack of specificity of the claims alleged in the complaint as against the general contractor which did not establish functional control of employees by general contractor).

Tishaily Lora v. Centralized Management Service, No. 18-CV-4253(NSR) (S.D.N.Y. 2020) (obtained dismissal of plaintiff Title VII claim for sexual harassment on pre-answer Fed. R. Civ. Pro. Rule 12(b)(6) motion to dismiss, successfully showing that parent corporate entities were not employers).

Cvar Von Habsburg Group v. Decurion Corp., No. 18-CV-11218 (S.D.N.Y 2019) (winning motion for summary judgment on account stated claims where defendant alleged that plaintiff did not perform work and created fraudulent invoices, defendant could not refute plaintiffs evidence demonstrating performance and entitlement to payment). 

Federal National Mortgage Association v. Carpinello, Index No. 130608/2013 (Sup. Ct. N.Y. Richmond Cnty. 2013) (after a bench trial, successfully invalidated mortgage note for failure to provide sufficient proof of chain of custody and appropriate lost note affidavit).

Barchella Contracting Co., Inc. v. Cassone, 88 A.D.3d 832 (2nd Dep’t 2011) (obtained reversal of a lower court decision on appeal after four-week jury trial based on improper preclusion of expert of defendant where expert was produced six months before scheduled trial date).

Peters v Colwell, 2009 NY Slip Op 02980, 61 A.D.3d 729 (2nd Dep’t 2009)(obtained reversal of a lower court decision on appeal in favor of our client the seller of a property the Appellate Division favorably interpreted the residential contract of sale and held that respondent/purchaser failed to establish as a matter of law that appellant/seller could not cure the defects alleged by respondent/purchaser in accordance with the provisions of the contract of sale).

Kaung v. Board of Managers of Biltmore Towers Condominium Ass’n.22 Misc.3d 854, 873 N.Y.S.2d 421 (N.Y. Supreme, Westchester County 2008) (representing coalition of residential unit owners against condominium; holding as an issue of first impression that defendant condominium board was not authorized, without the approval of a majority of the unit owners, to enter into a 25-year lease agreement with defendant wireless services provider) affirmed,70 A.D.3d 1004, 895 N.Y.S.2d 505 (2nd Dep’t 2010).

Neri’s Land Improvement LLC v. J.J. Cassone Bakery Inc., New York Law Journal, Decisions of Interest, July 10, 2007 (representing medium size business owner defendant, winning dismissal of action in its entirety which preserved our client’s restrictive covenant and prevented the plaintiff competing business owner from competing with our client’s bakery business in an adjacent property).