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

Supreme Security Systems, Ltd. v. Atlas Switch Co., Inc.

Mar 21, 2013

OUTCOME: Judgment modified in favor of my client

I represented an alarm company that sued an electrical switch manufacturer for breach of contract. During the trial my client agreed to withdraw its claim for its leased alarm equipment and to let the ... judge make a ruling on its claims for breach of contract damages and legal fees. The judge ruled that the parties had settled the breach of contract claim, that my client was not entitled to any award on its equipment claim, and that as a result, it also was not entitled to an award of legal fees. I appealed, and the Appellate Term modified the judgment, remitting the case to the District Court for a new trial because the original trial judge was no longer serving on the bench. The case subsequently settled in my client's favor. The citation for this case is 2013 NY Slip Op 50463(U).

Franchising

Toth v. Vested Business Brokers, Ltd.

Sep 27, 2012

OUTCOME: Case dismissed in part and referred to arbitration in part in favor of my clients

I represented a business brokerage and its brokers who were sued by the purchaser of a Quiznos franchise. The purchaser and his corporation sued the seller and the brokers, claiming that they induced t ... he sale of an unprofitable business by fraud and negligence. I made a motion to dismiss the claims by the corporation and to compel the purchaser to arbitrate with my clients pursuant to the arbitration provision in their contract. The Commercial Division of the Supreme Court granted my motion in its entirety and ruled that I demonstrated there was no relationship between my client and the purchaser's corporation and that the purchaser had to bring his claims against my client at arbitration. The purchaser did not pursue arbitration and subsequently dropped all claims against my clients.

Appeals

New York Merchants Protective Co., Inc. v. Northern Autogroup, LLC

Jan 24, 2012

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued a car dealership at arbitration for breach of contract. The arbitrator made an award for my client's damages and provided for an award of additional damages if ... the dealership failed to return leased equipment to my client within 30 days. The dealership did not return the equipment and I made an application to the Civil Court to confirm the arbitration award for the full amount including that for the dealership's failure to return the equipment. The Civil Court confirmed the award but deducted the additional amount for the equipment. I appealed, and the Appellate Term reversed, ruling that the case should have been remitted to the arbitrator to make a final determination of the amount due. The citation for this case is 35 Misc. 3d 1.

Appeals

D&W Central Station Fire Alarm Co., Inc. v. United Properties Corp.

Jan 13, 2012

OUTCOME: Order reversed in favor of my client

I represented an alarm company that sued a property management company for breach of contract. I obtained an arbitration award in favor of my client and requested that the Civil Court confirm the award ... so that a judgment could be entered in favor of my client. Due to ongoing negotiations, the court papers were not filed until close before the 1 year statute of limitations to do so was up. The Civil Court denied my request because the court date for the case was more than 1 year after the award was made. I appealed, and the Appellate Term reversed the Civil Court's order, ruling that the request was timely because the statute of limitations is measured by when the original papers are filed, not when the court date is. The Appellate Term also awarded my client's reasonable attorney's fees. The citation for this case is 340 Misc. 3d 85.

Appeals

New York Merchants Protective Co., Inc. v. Backyard Party Tent Rental Inc.

Dec 16, 2011

OUTCOME: Order reversed in favor of my client

I represented an alarm company that sued a tent rental company at arbitration for breach of contract. The tent rental company was served with the arbitration papers by regular mail in accordance with t ... he arbitration rules. The arbitrator found that the tent rental company was properly served with the arbitration papers and made an award in my client's favor. I then made an application to the Nassau County District Court to confirm the arbitration award, but the judge dismissed the proceeding, stating that the arbitration papers were not served properly. I appealed, and the Appellate Term reversed the District Court's decision, ruling that it was up to the arbitrator to determine whether the arbitration papers were served properly, and since the arbitrator did, the award was proper. The citation for this case is 34 Misc. 3d 55.

Appeals

Internet Security Systems, Inc. v. Hauer

Jan 28, 2011

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued its customer at arbitration for breach of contract. I obtained an arbitration award in my client's favor and requested that the Civil Court confirm the award so ... that a judgment could be entered in my client's favor. The Civil Court deducted the attorney's fees awarded by the arbitrator and denied my request for attorney's fees for the Civil Court proceeding. I appealed, and the Appellate Term reversed the Civil Court's judgment, ruling that there was no basis to deduct the attorney's fees awarded by the arbitrator and that my client was entitled to reasonable attorney's fees for the Civil Court proceeding. The citation for this case is 2011 NY Slip Op 50317(U).

Appeals

National Safeway Alert Systems, Inc. v. Pelham 7-11, LLC

Jan 28, 2011

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued a 7-11 store at arbitration for breach of contract. I obtained an arbitration award in my client's favor and requested that the Civil Court confirm the award so ... that a judgment could be entered against the 7-11. The Civil Court deducted the attorney's fees awarded by the arbitrator and denied my request for attorney's fees for the Civil Court proceeding. I appealed, and the Appellate Term reversed the Civil Court's judgment, ruling that there was no basis to deduct the attorney's fees awarded by the arbitrator and that my client was entitled to reasonable attorney's fees for the Civil Court proceeding. The citation for this case is 2011 NY Slip Op 50319(U).

Appeals

United Burglar Alarm, Inc. v. Teodorovich

Jan 28, 2011

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued its customer at arbitration for breach of contract. I obtained an arbitration award in my client's favor and requested that the Civil Court confirm the award so ... that a judgment could be entered in my client's favor. The Civil Court deducted the attorney's fees awarded by the arbitrator and denied my request for attorney's fees for the Civil Court proceeding. I appealed, and the Appellate Term reversed the Civil Court's judgment, ruling that there was no basis to deduct the attorney's fees awarded by the arbitrator and that my client was entitled to reasonable attorney's fees for the Civil Court proceeding. The citation for this case is 2011 NY Slip Op 50316(U).

Appeals

Davis Alarms, Inc. v. Chazanoff

Jan 28, 2011

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued its customer at arbitration for breach of contract. I obtained an arbitration award in my client's favor and requested that the Civil Court confirm the award so ... that a judgment could be entered in my client's favor. The Civil Court deducted the attorney's fees awarded by the arbitrator and denied my request for attorney's fees for the Civil Court proceeding. I appealed, and the Appellate Term reversed the Civil Court's judgment, ruling that there was no basis to deduct the attorney's fees awarded by the arbitrator and that my client was entitled to reasonable attorney's fees for the Civil Court proceeding. The citation for this case is 2011 NY Slip Op 50318(U).

Appeals

New York Merchants Protective Co., Inc. v. Green Forest Market, Inc.

Dec 08, 2010

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued a grocery store at arbitration for breach of contract. I obtained an arbitration award in my client's favor and requested that the Civil Court confirm the award ... so that a judgment could be entered in my client's favor. The Civil Court deducted the attorney's fees awarded by the arbitrator, deeming them excessive. I appealed, and the Appellate Term reversed the Civil Court's decision, ruling that there was no basis to deduct the attorney's fees awarded by the arbitrator. The citation for this case is 31 Misc. 3d 27.

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