Attorney Lewis S Fischbein's Legal Cases

Litigation

Nordic Bank v. Trend Group, 619 F. Supp. 542 (S.D.N.Y. 1985)

N/A

OUTCOME: For auto and equipment lessor, defeated motion to dismiss RICO action against consortium of international banks.

Litigation

Trend Export Funding Corp. v. Foreign Credit Ins. Ass’n., 670 F. Supp. 480 (S.D.N.Y. 1987)

N/A

OUTCOME: For broker, defeated summary judgment on $6 million claim against insurer on export credit policies.

Litigation

Henkind v. Brauser, 1989 WL 54109 (S.D.N.Y. May 17, 1989)

N/A

OUTCOME: For leasing companies and principal, successfully moved to dismiss $1.1 million RICO claim as time-barred.

Litigation

First City National Bank v. FDIC, 730 F. Supp. 501 (E.D.N.Y. 1990)

N/A

OUTCOME: For bank, defeated motion to dismiss RICO action against officers of another bank, borrowers and principals for fraud in securing $2.7 million excess financing.

Litigation

Prospect Group v. Kirby, 1992 WL 400732 (S.D.N.Y. Dec. 23, 1992)

N/A

OUTCOME: For seller, obtained partial summary judgment on liability against co-seller in contract dispute arising from $170 million sale of stock.

Litigation

Briarpatch v. Geisler Roberdeau, 2000 WL 235284 (S.D.N.Y. March 1, 2000), aff’d in rel. part, 373 F.3d 296 (2d Cir. 2004)

N/A

OUTCOME: For producer of film “The Thin Red Line,” defeated motion to remand $1.5 million fraud and breach of fiduciary duty action in view of plaintiff’s fraudulent joinder of lead defendant under principles of collateral estoppel.

Litigation

ATASCO v. Braniff, 819 F.2d 1227 (2d Cir. 1987)

N/A

OUTCOME: For purchaser of jet aircraft engine, obtained affirmance of summary judgment dismissing claims of chattel mortgagee against subsequent purchasers.

Litigation

RTA v. Rivero, 184 A.D.2d 397 (1st Dep't 1992)

N/A

OUTCOME: For Mexican partnership, obtained affirmance of post-trial decision declaring partnership owner of stock of New York corporation where issue of consideration hotly disputed. Stock ownership resulted in standing to bring derivative action.

Litigation

Licette Music Corp. v. A.A. Records, 196 A.D.2d 467 (1st Dep't 1993)

N/A

OUTCOME: For music publishing companies, obtained affirmance of $5 million post-trial judgment against record company and chief executive for fraud and breach of contract in concealing royalty payments due under licensing agreements.

Litigation

Artwear, Inc. v. Hughes, 202 A.D.2d 76 (1st Dep't 1994)

N/A

OUTCOME: For Andy Warhol estate, obtained dismissal of tort and contract claims arising out of licensing and sublicensing agreements.

Lewis S Fischbein's Legal Cases (15)

Nordic Bank v. Trend Group, 619 F. Supp. 542 (S.D.N.Y. 1985)

Trend Export Funding Corp. v. Foreign Credit Ins. Ass’n., 670 F. Supp. 480 (S.D.N.Y. 1987)

Henkind v. Brauser, 1989 WL 54109 (S.D.N.Y. May 17, 1989)

First City National Bank v. FDIC, 730 F. Supp. 501 (E.D.N.Y. 1990)

Prospect Group v. Kirby, 1992 WL 400732 (S.D.N.Y. Dec. 23, 1992)

Briarpatch v. Geisler Roberdeau, 2000 WL 235284 (S.D.N.Y. March 1, 2000), aff’d in rel. part, 373 F.3d 296 (2d Cir. 2004)

ATASCO v. Braniff, 819 F.2d 1227 (2d Cir. 1987)

RTA v. Rivero, 184 A.D.2d 397 (1st Dep't 1992)

Licette Music Corp. v. A.A. Records, 196 A.D.2d 467 (1st Dep't 1993)

Artwear, Inc. v. Hughes, 202 A.D.2d 76 (1st Dep't 1994)