Berger v. Pavlounis
Apr 14, 2011OUTCOME: Summary judgment of liability for plaintiff
Representing minority shareholder in suit against majority shareholder for unauthorized sale of corporate assets, looting and other breach of fiduciary duty
New York, NY
Litigation Lawyer at New York, NY
Practice Areas: Litigation
OUTCOME: Summary judgment of liability for plaintiff
Representing minority shareholder in suit against majority shareholder for unauthorized sale of corporate assets, looting and other breach of fiduciary duty
OUTCOME: Lower court's order affirmed on appeal
I successfully sued for dissolution of a 2-partner podiatry practice, after which the opposing partner asked the court to value the good will associated with the 2 separate offices taken over by the pa ... rtners, for the purpose of requiring a payment adjustment. The trial court agreed with me that it had no authority or basis to perform such valuation, and so too did the appellate court after the opposing partner appealed.
OUTCOME: Downward modification of stock valuation award
I successfully represented the respondent law firm in its appeal from a stock valuation award arising from a shareholder dispute. The apellate court agreed that a legal publication, the value of which ... comprised about two-thirds of the award, was not a law firm asset.
OUTCOME: Reinstatement of complaint
This 2003 decision by the appeals court established an important precedent governing the statute of limitations defense to claims for breach of fiduciary duty based on allegations of fraud. The trial ... court had summarily dismissed my clients' complaint as time barred. I persuaded the appeals court to apply the fraud-discovery rule, which allowed my clients' claim to go forward.
OUTCOME: Affirmance of jury verdict
I successfully represented plaintiffs in the bifurcated trial of a real estate partnership dispute. In the first trial, the jury agreed with plaintiffs that their claims were not time barred. I also ... successfully defended the verdict on the subsequent appeal by defendant. The case settled during the second trial on the merits.
OUTCOME: Affirmance of jury verdict for plaintiff
I successfully represented a commercial property owner in the jury trial of its damages claims against an elevator company for the negligent installation of a new passenger elevator. I also successful ... ly defended the verdict in the elevator company's subsequent appeal.
OUTCOME: Judgment for plaintiff
I successfully represented plaintiff building owner in a suit against adjoining property owner over its use for commercial advertising purposes of the exposed surface of a party wall which was on plain ... itff's side of the property line.
OUTCOME: Judgment for plaintiff
I successfully represented the plaintiff in opposing the defendant's appeal from a judgment enforcing the buyout provisions of an LLC operating agreement.
OUTCOME: Ermergency repair liens declared invalid
I successfully represented a building owner in a suit against New York City to declare invalid emergency repair liens that were recorded after my client acquired the property from a bankruptcy trustee. ... The case went through two appeals, to New York's highest court, where I won an appeal unanimously reversing the lower appellate court's decision against my client.