Newark, NY
Chapter 11 bankruptcy Lawyer at Newark, NY
Practice Areas: Chapter 11 Bankruptcy, Litigation ... +8 more
OUTCOME: Judgment in favor client and dismissing counterclaims with prejudice
Successfully represented plaintiff before the New York Appellate Division, First Department on an appeal from a trial court order concerning the plaintiff's motion to dismiss counterclaims asserted by ... defendant.
OUTCOME: Judgment in favor of trustee/client
Successful representation of a bankruptcy trustee on a petition for certification to the Supreme Court of New Jersey concerning a novel "reasonably equivalent value" issue under the New Jersey Uniform ... Fraudulent Transfer Act.
OUTCOME: Judgment vacated and the matter remanded for new trial.
As Special Appellate Counsel,argued to vacate jury awards totaling $4.8 million against Schindler. Certification denied by the New Jersey Supreme Court.
OUTCOME: Affirmed
Argued on appeal that the Court should affirm the trial court's ruling that it was bound by the Full Faith and Credit Clause to honor judgment of Iowa court. Defendant argued that the Iowa court lacke ... d personal jurisdiction over him because the "floating jurisdiction" provision of the parties' agreement violated the public policy of New Jersey. Certification denied by the NJ Supreme Court.
OUTCOME: Reversed, with Appellate Division agreeing that plaintiff's proofs adequately triggered an inference of negligence under the "res ipsa loquitur" doctrine
As Special Appellate Counsel, argued that the trial court erred by granting defendants' motion for a directed verdict.
OUTCOME: Appellate ruling in favor of client affirmed.
Accepting the argument of the bank client, the New Jersey Supreme Court held in a case in first impression by a state high court that claims for the violation of the "midnight deadline" rule imposed by ... Section 4-302 of the Uniform Commercial Code were not assignable.
OUTCOME: Lower court rulings adverse to client reversed.
The United States Court of Appeals for the Third Circuit accepted the arguments of the client, the Chapter 7 Trustee for A&P Diversified Technology Realty, Inc., that a secured lender had no claim for ... counsel fees against the Debtor's estate because, under the "merger doctrine," its mortgage rights were merged into the pre-petition foreclosure judgment and thereby extinguished.
OUTCOME: Reversed ruling of the District Court.
The United States Court of Appeals accepted the argument of the bank client that the employer should be held accountable for the check fraud of its agent due to the agent's control over the checks at i ... ssue within the meaning of Section 3-405 of the Uniform Commercial Code.
OUTCOME: Reversed District Court and Remanded For Trial
The Second Circuit reversed the judgment of the District Court and remanded for trial on client real estate developer's claim that bank defendant reneged on obligations under loan agreement.
OUTCOME: Dismissed government's appeal of sentence
The United States Court of Appeals for the Second Circuit dismissed the government's appeal of a favorable sentencing determination in favor of the defendant, holding that the government had no right t ... o appeal the District Court's determination that the defendant was not subject to sentencing under the Armed Career Criminal Act.
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