Attorney Guy Sloan Halperin's Legal Cases

Commercial real estate

DiNoia v. Castaldo

May 22, 2009

OUTCOME: Petition dismissed after trial

Petitioner sought to dissolve two corporations of which he and his brother-in-law, the respondent, were the sole shareholders, officers and directors. One corporation operated a prominent retail lighti ... ng store in Westchester NY and the other corporation owned the real estate upon which the lighting store operated. Petitioiner sought dissolution alleging, among other things, dissension. After a joint trial, respondent moved to dismiss both petitions at the close of petitioner's case. The court granted the motion and dismissed both petitions in an order and decision issued from the bench.

Litigation

Ween v. Dow

Oct 05, 2006

OUTCOME: Summary judgment granted to defendant

In a case of first impression in New York, successfully argued that a provision in an attorney's retainer agreement which states that an attorney can collect his own attorneys fees in a fee dispute wit ... h a client is void and against public policy because it has a "chilling" effect on the client's right to challenge the reasonableness of the fee.

Arbitration

Shomron v. Fuks

Sep 13, 2001

OUTCOME: Reversed lower court

This case upheld important legal principles in the field of arbitration law designed to maintain the integrity of the arbitration process. In this case, in the middle of an arbitration proceeding, the ... respondent fired her attorney and hired a new one. It was disclosed that the new attorney's firm had in the past represented the accounting firm where the arbitrator was employed, and the arbitrator's firm had performed accounting services for the respondent's new attorney's firm. The American Arbitration Association, recognizing this apparent conflict, removed the arbitrator in the middle of the proceedings. On appeal, the court held that to maintain the integrity of the arbitration process, and to avoid even the appearance of a conflict or that the respondent had engaged in "arbitrator shopping" when she hired her new attorney, the new attorney was disqualified and the arbitrator reinstated.

Litigation

McBarnette v. Sobol

Mar 24, 1994

OUTCOME: Affirmed on appeal

Successfully challenged before the highest court in New York, the Court of Appeals, a statutory provision which sought to shield complaints made against physicians to the Department of Health from disc ... losure and, in doing so, upheld the constitutional right of a physician in a medical disclipinary hearing to review complaints made against him and use them to confront his accusers on cross-examination.

Litigation

Licensing Development Group v. Freedman

Jun 22, 1992

OUTCOME: Affirmed dismissal of action

Successfully defended the licensing agent for the Teenage Mutant Ninja Turtles from a claim that he breached his fiduciay duties and usurped a corporate opportunity of the plaintiff by not making those ... licensing righs available to the plaintiff.

Litigation

Shomron v. Yoram Fuks

N/A

OUTCOME: Judgment for Plaintiff after trial; affirmed

Plaintiff alleged that defendants, a husband and wife, had engaged in fraud and self-dealing in connection with the purchase of four cooperative apartments in 1992 and 1993 from a partnership in which ... the wife and the plaintiff were the sole equal partners. After a trial held 13 years later in 2006, the court found that the husband committed fraud and that the wife was complicit in that fraud and further breached her fiduciary duties to her partner, the plaintiff. Pursuant to an interlocutory judgment, the lower court rescinded the sale of the four cooperative apartments, directed that they be re-conveyed back to the partnership and imposed a constructive trust against the defendant wife in favor of the partnership for all the rents and profits she and her husband had earned over the course of 13 years from the rental of the apartments. The Appellate Division, First Department affirmed the judgment of the trial court.

Litigation

Weiss v. Board of Managers of 58 Walker Street Condominium

N/A

OUTCOME: Summary judgment for plaintiff

This is an action by a plaintiff condominium unit owner against her board of managers. Plaintiff sought, and was granted, a declaration from the court that she had exclusive rights to the roof the cond ... ominium building and was entitled to a storage unit. The court also awarded the plaintiff costs and attorneys fees after finding that the defendant board of managers had engaged in frivolous conduct.

Guy Sloan Halperin's Legal Cases (7)

DiNoia v. Castaldo

Ween v. Dow

Shomron v. Fuks

McBarnette v. Sobol

Licensing Development Group v. Freedman

Shomron v. Yoram Fuks

Weiss v. Board of Managers of 58 Walker Street Condominium