Gene Wurzel Rosen

Gene Wurzel Rosen's Legal Cases (30)

Garden City, NY

Litigation Lawyer at Garden City, NY

Practice Areas: Litigation, Arbitration ... +3 more

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Appeals

Slomin's, Inc. v. Serpico

Mar 26, 2015

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained a default judgment against one if its customers for breach of an alarm contract. Years later, the customer wanted to sell a home, but there was a lien on it ... due to the judgment. The customer closed on the sale of the home anyway and then made an application to the Richmond County Civil Court to vacate the judgment. The Civil Court granted the motion and vacated the judgment. I appealed, and the Appellate Term reversed the Civil Court's decision, ruling that the customer failed to establish a reasonable excuse for his failure to appear and a meritorious defense to the lawsuit. The judgment was reinstated and my client was then paid. The citation for this case is 2015 NY Slip Op 50478(U).

Appeals

New York Merchants Protective Co., Inc. v. Korin

Feb 24, 2015

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitrator's award against the owner of a supermarket for breach of contract and that later obtained a judgment based on the award. Years later, the supe ... rmarket owner requested that the Civil Court vacate the judgment without any explanation for why he did not participate in the court proceedings and only claiming that he should not be held responsible because he sold the supermarket. The Civil Court vacated the judgment, finding that it was unfair to hold the owner responsible even though he signed a personal guarantee of the supermarket's obligations. I appealed, and the Appellate Term reversed the Civil Court's decision, ruling that the Civil Court made an improvident exercise of discretion because the owner failed to establish he lacked notice of the court proceeding as well as a reasonable excuse for his failure to appear and a meritorious defense to the proceeding. The Appellate Term also awarded my client's attorney's fees for the appeal. The citation for this case is 2015 NY Slip Op 50228(U).

Appeals

New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp.

Oct 23, 2014

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitration award against a waterproofing company for breach of contract. I made a request to the Nassau County District Court to confirm an arbitration ... award so that a judgment could be entered in my client's favor. The court papers were served by regular mail in accordance with the contract and the arbitration rules. The District Court dismissed the case, ruling that the papers were not properly served by regular mail. I appealed, and the Appellate Term reversed the District Court's decision, finding that the papers were properly served by regular mail. The citation for this case is 2014 NY Slip Op 51525(U).

Appeals

New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc.

Oct 23, 2014

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitration award against a bagel store for breach of contract. I requested that the Civil Court confirm the award so that a judgment could be entered ag ... ainst the bagel store for my client to collect from. The petition to confirm the award was served by regular mail in accordance with the arbitration rules. The Civil Court dismissed the proceeding, finding that serving the papers by regular mail did not satisfy due process, even if permitted by the arbitration rules. I appealed, and the Appellate Term reversed the Civil Court's decision, following the ruling of an appeal I won in another case that serving the papers by regular mail was proper because the parties agreed to the arbitration rules and that due process was satisfied because mailing the papers was reasonably calculated to provide the bagel store with actual notice of the court proceeding. The citation for this case is 2014 NY Slip Op 51522(U).

Appeals

New York Merchants Protective Co., Inc. v. Ricca

Oct 23, 2014

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitration award against the owner of a billiards hall for breach of contract. I requested that the Civil Court confirm the award so that a judgment cou ... ld be entered against the owner for my client to collect from. The petition to confirm the award was served by regular mail in accordance with the arbitration rules. The District Court dismissed the proceeding, finding that serving the papers by regular mail did not satisfy due process, even if permitted by the arbitration rules. I appealed, and the Appellate Term reversed the District Court's decision, following the ruling of an appeal I won in another case that serving the papers by regular mail was proper because the parties agreed to the arbitration rules and that due process was satisfied because mailing the papers was reasonably calculated to provide the owner with actual notice of the court proceeding. The citation for this case is 2014 NY Slip Op 51523(U).

Appeals

New York Merchants Protective Co., Inc. v. Oristy Food Center, Inc.

Oct 23, 2014

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that obtained an arbitration award against a convenience store for breach of contract. I requested that the Civil Court confirm the award so that a judgment could be ente ... red against the convenience store for my client to collect from. The petition to confirm the award was served by regular mail in accordance with the arbitration rules. The Civil Court dismissed the proceeding, finding that serving the papers by regular mail did not satisfy due process, even if permitted by the arbitration rules. I appealed, and the Appellate Term reversed the Civil Court's decision, following the ruling of an appeal I won in another case that serving the papers by regular mail was proper because the parties agreed to the arbitration rules and that due process was satisfied because mailing the papers was reasonably calculated to provide the convenience store with actual notice of the court proceeding. The citation for this case is 2014 NY Slip Op 51524(U).

Appeals

New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc.

Oct 23, 2014

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitration award against a rug company and its owner for breach of contract. I made a request to the District Court to confirm an arbitration award so t ... hat a judgment could be entered in my client's favor. The court papers were served by regular mail in accordance with the contract and the arbitration rules, and the business owner showed up to court several times to request adjournments. The District Court dismissed the case, ruling that the papers were not properly served by regular mail. I appealed, and the Appellate Term reversed the District Court's decision, finding that the papers were properly served by regular mail. The citation for this case is 2014 NY Slip Op 51526(U).

Appeals

Matter of New York Merchants Protective Co., Inc. v. Mima's Kitchen, Inc.

Feb 13, 2014

OUTCOME: Order reversed in favor of my client

I represented an alarm company that obtained an arbitration award against a restaurant for breach of contract. I requested that the Civil Court confirm the award so that a judgment could be entered aga ... inst the restaurant for my client to collect from. The petition to confirm the award was served by regular mail in accordance with the arbitration rules. The Civil Court dismissed the proceeding, finding that serving the papers by regular mail did not satisfy due process, even if permitted by the arbitration rules. I appealed, and the Appellate Term affirmed the Civil Court's decision, with one of the three justices on the panel dissenting in my client's favor. I then requested leave to appeal the Appellate Term's decision to the Appellate Division. The Appellate Term denied the request, but the Appellate Division later granted it. On further appeal, the Appellate Division reversed the Civil Court's decision, ruling that serving the papers by regular mail was proper because the parties agreed to the arbitration rules and that due process was satisfied because mailing the papers was reasonably calculated to provide the restaurant with actual notice of the court proceeding. The citation for this case is 114 A.D. 3d 796.

Appeals

Matter of New York Merchants Protective Co., Inc. v. RW Adart Poly LLC

Jul 03, 2013

OUTCOME: Judgment modified in favor of my client

I represented an alarm company that sued a plastic bag manufacturer at arbitration for breach of contract. The manufacturer filed a lawsuit to obtain a stay of arbitration, but I won and the arbitratio ... n went forward, where I won there as well. The arbitrator awarded my client contract damages and legal fees for the arbitration and for the lawsuit to stay the arbitration. I then made an application to the Supreme Court to confirm the award so that my client could obtain a judgment to collect from the manufacturer. The Supreme Court deducted from the award the amount of legal fees awarded for the arbitration and confirmed the award as modified. I appealed, and the Appellate Division ruled in my favor, modifying the Supreme Court's judgment to include all of the legal fees awarded by the arbitrator. The Appellate Division also determined that my client was entitled to an award of legal fees for the appeal. The citation for this case is 108 A.D. 3d 554.

Appeals

Nu-Life Restorations of Long Island, Inc. v. Greenpoint Dental Plaza, P.C.

Mar 29, 2013

OUTCOME: Order reversed in favor of my client

I represented a dental lab that sued and obtained a default judgment against a dental practice for an outstanding balance. The practice made an application to the Civil Court to vacate the default judg ... ment, claiming that it never received court papers and that it believed it paid the lab. Although I demonstrated that the practice was properly served through the Secretary of State and that it owed the balance claimed due, the Civil Court vacate the judgment. I appealed, and the Appellate Term reversed the Civil Court's decision, ruling that the practice failed to provide a reasonable excuse for its default or a meritorious defense to the lawsuit, and reinstated the judgment. The citation for this case is 2013 NY Slip Op 50488(U).

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