Attorney Cecelia Rene Cannon's Legal Cases

Appeals

Nick's Garage, Inc. v. Progressive Insurance

Nov 08, 2017

OUTCOME: The Second Circuit successfully overturned summary judgment.

An auto repair shop pursued claims assigned to it by its customers against an insurer for failure to pay the full amount of repairs and for deceptive business practices. The Second Circuit overturned ... a grant of summary judgment dismissing the case, and instead found that the repair shop had put forward enough evidence to create an issue of fact that should be put to a jury for decision. Decision available at: http://caselaw.findlaw.com/us-2nd-circuit/1879222.html

Litigation

Del Nero v. Colvin

Jul 10, 2017

OUTCOME: After several years of litigation and nearly a month of trial, the seller was awarded a portion of the contract price, plus interest, after the Court offset some damages owed to the buyer.

A financial broker sold his book of business to another broker under a contract that included a restrictive covenant prohibiting certain conduct by the seller post-sale. A dispute quickly arose betwee ... n the two individuals as to whether the selling broker had complied with the restrictive covenant, which was complicated by a disagreement regarding what conduct was proscribed. In addition, the parties disagreed as to the remedy if there had been a breach, with the buying broker claiming he had a right to forgo paying almost the entire contract price, and the seller claiming a substantial portion of the purchase price should still be paid regardless.

Trusts

In re J. Steven DeHimer Irrevocable Trust, 2016 N.Y. Misc. Lexis 2309, 2016 N.Y. Slip Op. 50971(U) (N.Y. Sur. Ct. June 9, 2016)

Jun 09, 2017

OUTCOME: The Court denied the application to rescind the successor trust.

In this case, the grantor of the trust had been a beneficiary under a prior trust created by his grandmother. In order to take advantage of certain tax law changes that created a unique planning oppor ... tunity, the trustees of the grandmother's trust worked with the petitioner to distribute 45% of the funds outright to him, with the petitioner directing the remaining 55% be used to fund a successor trust for his issue. The petitioner / grantor later tried to have the successor trust rescinded on the basis that he had no children to whom the trust would flow, so that the petitioner would get the remaining 55% outright as well. A summary is available here: https://www.daypitney.com/insights/publications/2016/08/02-trusts-and-estates-litigation-update

Appeals

WL, LLC v. State Department of Economic Development et al.

Jan 01, 2014

OUTCOME: Successfully overturned retroactive application of decertification and recovered tax credits.

Represented business in challenging revocation of tax credits for businesses in economically stressed areas. Worked on the team handling case from the administrative challenge through New York's highe ... st appeal court.

Cecelia Rene Cannon's Legal Cases (4)

Nick's Garage, Inc. v. Progressive Insurance

Del Nero v. Colvin

In re J. Steven DeHimer Irrevocable Trust, 2016 N.Y. Misc. Lexis 2309, 2016 N.Y. Slip Op. 50971(U) (N.Y. Sur. Ct. June 9, 2016)

WL, LLC v. State Department of Economic Development et al.