New York, NY
Commercial real estate Lawyer at New York, NY
Practice Areas: Commercial, Foreclosure ... +2 more
OUTCOME: Settlement in client's favor followed by a judgment in client's favor after defendants defaulted in settlement payments.
Commercial dispute as to trade dress infringement, unfair and deceptive competition and brand dilution.
OUTCOME: Successful in the initial motion and successfully affirmed on appeal
Defendants lost house to foreclosure on default, when their grandson defrauded them, took out mortgages in their name and stole their mail. After prevailing on behalf of the homeowners at the trial co ... urt level, wherein defendants were relieved of their default and the referee's deed was vacated, the lender filed an appeal to the 2nd Department. Mr. Paykin represented the defendants in the appeal and after briefs and oral arguments was able to affirm the lower court's decision vacating the default and return the action to an active pre-discovery stage years after the fact.
OUTCOME: Favorable settlement
Plaintiff Green Apple Cleaners and defendant Legacy Cleaners are both dry cleaning companies which employ techniques that are "green" and supposedly better for the environment. Pursuant to an asset-tra ... nsfer agreement, Green Apple transferred the leases for two of its stores to non-party Naxos Cleaners, but did not transfer any of its intellectual property or trade dress. Subsequently, Legacy acquired the locations from Naxos. Green Apple commenced this action, arguing trademark infringement and injury to business reputation.