Attorney Gene Wurzel Rosen's Legal Cases

Appeals

Davis Alarms, Inc. v. Landezabad

Jul 29, 2010

OUTCOME: Order reversed in favor of my client

I represented an alarm company that made a settlement with the owner of a cleaning store that owed money to my client. When the cleaning store defaulted on the terms of the settlement, a judgment was ... entered against the owner. The owner brought an order to show cause to vacate the judgment, but it was denied. The owner then brought another order to show cause requesting the same relief. I argued that the new order to show cause should have been referred to the judge who denied the previous one since the request affected his prior order. The judge presiding over the motion part that day refused to refer the case to the previous judge and made an order vacating the judgment. I appealed, and the Appellate Term reversed the Civil Court's decision, ruling that the new order to show cause should have been referred to the judge who determined the previous one. The order to show cause was subsequently remanded to the judge who decided the previous one, who then denied the order to show cause in favor of my client. The citation for this case is 2010 NY Slip Op 51358(U).

Appeals

D&W Central Station Fire Alarm Co., Inc. v. Ziari

Jul 02, 2010

OUTCOME: Judgment reversed in favor of my client

I represented an alarm company that sued a day care center at arbitration for breach of a fire alarm monitoring contract. I obtained an arbitration award in my client's favor and requested that the Civ ... il Court confirm the award so that a judgment could be entered against the day care center. The day care center's attorney opposed the application claiming that the arbitrator was biased, and the Civil Court ruled against my client, finding that the day care center was not properly served with a copy of the arbitration award. I appealed, and the Appellate Term reversed the Civil Court's decision, finding that there was no basis to deny confirming the arbitration award and that the day care center was properly served with a copy of the award. The case subsequently settled and the day care center paid my client. The citation for this case is 2010 NY Slip Op 51194(U).

Arbitration

Aldrich Management Co., LLC v. D&W Central Station Fire Alarm Co., Inc.

Nov 02, 2009

OUTCOME: Application denied in favor of my client

I represented an alarm company that sued a strip mall at arbitration for breach of contract when the mall stopped paying for its fire alarm service. The mall filed for a stay of arbitration, claiming t ... hat the person who signed the contract containing the provision requiring the parties to go to arbitration did not have authority to do so. My client countered that the person who signed for the mall had dealt with the alarm company regarding the mall's security for over 10 years and that the mall accepted the contract by receiving the service and paying the bills. The court ruled in my client's favor, finding that the arbitration agreement was enforceable because the mall did not refute my client's claim that the mall operated under the terms of the contract.

Appeals

Davis Alarms, Inc. v. Diamond Cutters, Inc.

Oct 13, 2009

OUTCOME: Judgment reversed in favor of my client

My client made an application to the Civil Court to confirm an arbitration award it obtained against a diamond business and its owner. The diamond business and its owner opposed the application, and th ... e Civil Court deducted the attorney's fees awarded by the arbitrator from the award. My client appealed, and the Appellate Term reversed in its favor, ruling that the Civil Court was not authorized to modify the award because no party to the case made an application to do so. The case subsequently settled, my client was paid, and the diamond business continued using my client for alarm service. The citation for this case is 2009 NY Slip Op 52120(U).

Arbitration

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

Sep 22, 2009

OUTCOME: Application denied in favor of my client

I represented an alarm company that sued a bag manufacturing company at arbitration for breach of a burglar alarm contract. The bag company made an application to the Supreme Court to stay the arbitrat ... ion, claiming that my client had voided the contract by altering it. When I proved that the contract was not altered by producing the original document, the bag company then claimed that the arbitration forum specified in the contract was not the one being used to prosecute my client's claim. I countered that the proper arbitration forum was being used because it succeeded by merger the arbitration forum specified in the contract. The Supreme Court ruled in my client's favor, holding that the bag company could not prove that the arbitration agreement was altered and that no allegation was made that the agreement was not complied with or time barred. The Supreme Court also ruled that there was no issue with the arbitration forum being used since it simply changed its name.

Arbitration

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

Aug 12, 2009

OUTCOME: Application denied in favor of my client

I represented an alarm company that sued a hotel and its owner at arbitration for breach of fire alarm contract. The hotel and its owner made an application to the Supreme Court for a stay of arbitr ... ation, claiming that they were not parties to the arbitration agreement, that the demand for arbitration was a nullity because it was not served properly, and that they were excused from the contract by impossibility of performance. I countered that the hotel and its owner clearly were parties to the arbitration agreement because the owner signed the agreement for the hotel and then personally guaranteed it, that the demand for arbitration was served properly in accordance with the arbitration rules, and that whether or not the hotel and its owner breached the contract was an issue for the arbitrator and not the Supreme Court to decide. The Supreme Court denied the application in my client's favor and directed the parties to proceed immediately to arbitration. The Supreme Court found that the hotel's owner was subject to arbitration because he personally guaranteed the contract. The Supreme Court also decided that whether or not the hotel is subject to arbitration should be determined at arbitration. The case subsequently settled and my client was paid.

Litigation

Discover Bank v. Geselowitz

Jun 01, 2009

OUTCOME: Judgment vacated and case dismissed in favor of my client

My client was a consumer that Discover obtained a default judgment against for an alleged credit card debt. I brought an Order to Show Cause to vacate the default judgment and dismiss the case. The Sup ... reme Court granted my application, finding that Discover failed to demonstrate "due diligence" prior to resorting to "nail and mail" method of serving my client with the legal papers. The citation for this case is 2009 NY Slip Op 31250(U).

Contracts and agreements

Slomin's, Inc. v. Williams

Oct 31, 2008

OUTCOME: Judgment in favor of my client

My client was an alarm company that sued its customer for breach of a residential Plaintiff alarm company sued Defendant residential subscriber for breach of contracts for the sale, installation, and m ... onitoring of a residential burglar alarm system. We sought to recover from the customer: (1) an outstanding balance for services rendered, (2) liquidated damages representing a portion of the remaining payments due under the service contract, (3) liquidated damages representing a portion of the value of the alarm system sold to the customer, and (4) an outstanding balance for additional alarm system equipment sold to the customer. The customer alleged that the alarm system did not function properly and that the alarm company refused to service his alarm system. We argued that the customer cancelled service calls made by our technicians to service the alarm system and that the customer was precluded from raising the issue of the alarm system's condition and operation because the customer did not offer any proof that the alarm company was notified that the alarm system required service. After the trial, a judgment was entered in my client's favor.

Contracts and agreements

New York Merchants Protective Co., Inc. v. Lumber & Plumbing Wholesale Liquidators, Inc.

Sep 22, 2008

OUTCOME: Judgment in favor of my client

My client was an alarm company that sued a lumber yard for breach of an alarm service contract. My client sought liquidated damages representing portions of the remaining service payments due under ... the contract and of the value of the leased alarm system equipment, which was deemed sold to lumber yard. The lumber yard alleged that the individual who signed the contract on its behalf did not have authority to do so. We argued that the lumber yard employee who signed the contract was authorized to do so, and in the alternative, that the lumber yard ratified the contract by performing its obligations thereunder for approximately 4 years. The lumber yard further alleged that the alarm system was not functioning properly. We argued that the lumber yard was precluded from raising the issue of the alarm system's condition and operation because the lumber yard did not offer any proof that the alarm company was notified that the alarm system required service. Upon conclusion of the bench trial, a judgment was entered in my client's favor for the full amount claimed.

Appeals

New York Merchants Protective Co., Inc. v. Salloom Import & Export Corp.

Dec 27, 2007

OUTCOME: Judgment reversed in favor of my client

My client was an alarm company that made an application to the Civil Court to confirm an arbitration award it obtained against a corporation and a guarantor for breach of contract. The Civil Court modi ... fied the award upon its own motion by denying confirmation of the award against the guarantor and by deducting from the award the attorney fees awarded by the arbitrator against the corporation. The Appellate Term reversed the Civil Court judgment, holding that the Civil Court could not modify the arbitration award because neither party made an application to modify the award. As a result, the arbitration award was confirmed in its entirety against both the corporation and the guarantor. The citation for this case is 2007 NY Slip Op 52458(U).

Gene Wurzel Rosen's Legal Cases (30)

Davis Alarms, Inc. v. Landezabad

D&W Central Station Fire Alarm Co., Inc. v. Ziari

Aldrich Management Co., LLC v. D&W Central Station Fire Alarm Co., Inc.

Davis Alarms, Inc. v. Diamond Cutters, Inc.

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

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

Discover Bank v. Geselowitz

Slomin's, Inc. v. Williams

New York Merchants Protective Co., Inc. v. Lumber & Plumbing Wholesale Liquidators, Inc.

New York Merchants Protective Co., Inc. v. Salloom Import & Export Corp.