Attorney Leonard F. Lesser's Legal Cases

Litigation

Asset Management Associates of New York, Inc. v. Emerson Telecommunication Products, LLC, 08-cv-2128 (U.S.D.C., E.D.N.Y.).

Jan 09, 2014

OUTCOME: $1.9 million Judgment

Successfully represented seller of businesses in defense of post-closing claims asserted by the buyer, including claims that seller misrepresented the value of inventory as part of the sale. After def ... eating the buyer's claim for fraud based rescission of the entire transaction, as well as the agreement's arbitration provision (Asset Mgmt. Assocs. v. Emerson Telcom. Prods. LLC, 08-CV-2506, 2011 U.S. Dist. LEXIS 9434 [E.D.N.Y., Jan. 25, 2011]), the dispute was arbitrated in 2013 before a forensic accounting examiner. The Arbitrator ultimately rejected the buyer's claims for $3.9 million and found in favor of seller on its claims for a post-closing adjustment. On January 9, 2014, the Court entered Judgment against the buyer for $1.9 million.

Litigation

CB Richard Ellis, Inc vs. Daily Racing Form, LLC, Index No. 112466/210 (NY Sup., NY Co.).

Dec 03, 2013

OUTCOME: Dismissal

Successfully defended business against claims for brokerage commissions claimed by commercial real estate brokerage firm in connection with lease of commercial space in NYC. After the close of discove ... ry, the plaintiff agreed to discontinue the case with prejudice.

Medical malpractice

Nimir v. Nassau Health Care, No. 8943/08 (Nassau Sup. 2012):

Jan 21, 2013

OUTCOME: Settled

Successfully represented the estate of a 15-year old boy who, while remanded for in-patient psychiatric treatment and evaluation at a New York hospital pediatric psychiatry ward, and on suicide observa ... tion, was left alone in the boy's shower room wearing and carrying hospital pants with drawstrings which he used to strangle himself.

Litigation

Spielman v. Grace Gospel Church, 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011)

Jun 14, 2011

OUTCOME: Dismissal

Obtained appellate reversal of denial of motion to dismiss claims asserted against a Church in connection with alleged sexual misconduct by a pastor.

Litigation

Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011)

May 18, 2011

OUTCOME: Injunction defeated, case settled

Successfully represented members of limited liability corporation that develops and operates hotel properties in connection with claims against former managing member for embezzlement, conversion, frau ... d and breach of fiduciary duty

Litigation

L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011)

Apr 20, 2011

OUTCOME: Multimillion-dollar arbitration award and Judgment; Contempt, sanctions and attorneys fes against judgment debtor

Successfully defended joint venture participants in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion dollar arbitration award, confirmed by the Court in 2 ... 009 on behalf of joint venture participants against managing partner for breach of fiduciary duty. Also obtained a contempt finding against the managing partner for violation of an anti-suit injunction

Litigation

East Midwood Jewish Ctr. v CNA Ins. Co., 72 A.D.3d 877, 898 N.Y.S.2d 662 (2d Dept 2010)

Apr 20, 2010

OUTCOME: Declaratory Judgment

Obtained a declaratory judgment, affirmed on appeal, for indemnitee and subrogee clients for reimbursement of legal fees and expenses incurred in defending an underlying tort lawsuit

Litigation

Cash Money Records, Inc. v. Music Video Distributors, Inc., 08 Civ. 9769 (S.D.N.Y.)

Apr 19, 2010

OUTCOME: Dismissal

Successfully defended national media distribution company against copyright infringement claims concerning sale and distribution of rap music film

Litigation

The Shoe Factory, Inc. v. ALPI USA, Inc., Index No. 06-1996 (N.Y. Sup., Queens Co.)

Feb 04, 2009

OUTCOME: Dismissal; Judgment and attorneys fees against plaintiff on Counterclaim

Successfully defended international freight forwarder against multimillion dollar claim for damages; obtained dismissal of affirmative claims and judgment for attorneyâ€™s fees on defendantâ€™s counter ... claims

Litigation

Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y.)

Oct 03, 2008

OUTCOME: Judgment

Obtained and collected substantial judgment against hotel developer on breach of contract claims involving financing agreement for hotel and commercial development property

Leonard F. Lesser's Legal Cases (21)

Asset Management Associates of New York, Inc. v. Emerson Telecommunication Products, LLC, 08-cv-2128 (U.S.D.C., E.D.N.Y.).

CB Richard Ellis, Inc vs. Daily Racing Form, LLC, Index No. 112466/210 (NY Sup., NY Co.).

Nimir v. Nassau Health Care, No. 8943/08 (Nassau Sup. 2012):

Spielman v. Grace Gospel Church, 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011)

Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011)

L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011)

East Midwood Jewish Ctr. v CNA Ins. Co., 72 A.D.3d 877, 898 N.Y.S.2d 662 (2d Dept 2010)

Cash Money Records, Inc. v. Music Video Distributors, Inc., 08 Civ. 9769 (S.D.N.Y.)

The Shoe Factory, Inc. v. ALPI USA, Inc., Index No. 06-1996 (N.Y. Sup., Queens Co.)

Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y.)