Joshua M Wolf's Legal Cases (4)

Tax

Expedia v City of New York

Nov 21, 2013

OUTCOME: The court granted the City's motion to dismiss, a result upheld by the New York Court of Appeals

Expedia, Priceline, Orbitz, Travelocity, and others sued the City of New York seeking to overturn an amendment to a local taxing statute on State constitutional grounds. As attorney for the City, I han ... dled the litigation from the trial court through two subsequent appeals, where New York's highest Court ultimately upheld the statute's constitutionality (see 2013 NY LEXIS 3187, 2013 NY Slip Op 7759 [Nov 21, 2013]).

Constitutional

London Terrace Gardens v City of New York

N/A

OUTCOME: The City's motion to dismiss was granted, a result upheld by New York's appellate courts.

One of New York City's largest landlords challenged the City's decision to reject the landlord's attempt to unilaterally withdraw from a voluntary benefit program, asserting a violation of its rights u ... nder the 5th Amendment, among other arguments. I successfully persuaded three different New York courts to reject the plaintiff's claims (see 2011 NY Slip Op 31206U [NY County 2011], affd 101 AD3d 27 [1st Dept 2012], mot lv denied 21 NY3d 855 [May 7, 2013]).

Class action

Joseph v Hyman

N/A

OUTCOME: The court granted the City's motion to dismiss, which the Second Circuit affirmed.

A putative class of commuters from outside Manhattan attempted to eliminate a City parking benefit that was only provided to Manhattan residents. The plaintiffs challenged the City statute claiming tha ... t it violated the New York State and Federal constitutions. Invoking a little known doctrine called the Tax Injunction Act, I secured the case's dismissal in the Federal District Court, and the Second Circuit affirmed on appeal (see 2010 US Dist LEXIS 91580, 2010 WL 3528854 [SDNY 2010], affd 659 F3d 215 [2d Cir 2011]).

Bankruptcy and debt

In re Lehman Brothers Holdings Inc.

N/A

OUTCOME: I helped obtain a favorable settlement for the City of New York.

Lehman Brothers was the largest bankruptcy case ever docketed in the Southern District of New York. As lead counsel for the City, I helped avoid litigation while facilitating the recovery of more than ... $112 million in unpaid taxes on behalf of the Department of Finance.

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