Attorney Aaron Morris Schlossberg's Legal Cases

Commercial real estate

Breach of Contract Cause of Action Survives

Apr 25, 2018

OUTCOME: Defendants' motion to dismiss our client's breach of contract cause of action was denied.

This firm was hired to represent a production company when the defendant organization attempted to unilaterally terminate their contractual relationship. When it became clear that our opponent had no i ... ntention of complying with its contractual obligations and had, instead, entered into a direct contractual relationship with another company to cut our client out of the deal, we commenced action. Our opponent hired a powerful global firm that is consistently ranked in the top 5 of the global 100 law firms to represent it in the matter. It utilized its influence and resources to bring a motion to dismiss all claims in the complaint claiming that the contract was not a binding contract. It lost. We vigorously opposed the motion and made it abundantly clear to the court that our client satisfied "pre-conditions," rendering the contract binding. Upon full submission of motion papers and multiple hearings on the matter, the presiding judge ruled in our favor and refused to dismiss our client's breach of contract cause of action thus ensuring our client's continued fight for justice.

Commercial real estate

Motion to Dismiss the Complaint Denied

Apr 18, 2018

OUTCOME: Our opponent's motion to dismiss the complaint was denied

We commenced a malpractice action on behalf of one of our clients who suffered significant losses as a result of the negligent representation by a professional our client had hired to represent his int ... erests. Rather than answer the complaint, our opponent aggressively filed a motion to dismiss. The defendant asserted strong arguments, and a malpractice cause of action is difficult to maintain. However, defendant's strategy backfired because we filed stronger opposition papers highlighting the omissions, failures and mistakes of our opponents. We followed this up with strong oral argument at the hearing, and the Judge immediately denied the motion in full from the bench.

Commercial real estate

Preliminary Injunction and Temporary Restraining Order Granted

Apr 06, 2018

OUTCOME: Our opponent was prohibited from any further communications and negotiations absent our client's contemporaneous involvement

When it came to our attention that our client’s associate company in a joint venture was breaching its contractual obligations by excluding our client from crucial communications with an important busi ... ness entity, this firm filed an emergency application seeking an order prohibiting the wrongdoer from any further related communications and negotiations absent our client’s contemporaneous involvement. Upon submission of our papers and an emergency hearing on the matter, the temporary relief was granted in full. Because we won affirmative relief for our client, this outcome had an immediate and practical effect because our client’s associate began to immediately comply with the order in full. This was an important victory for our client who was sustaining significant harm at the hands of the wrongdoer.

Foreclosure

Interests Resurrected Following Judgment And Foreclosure Sale

Nov 09, 2017

OUTCOME: The Bank was left with no option but to move to vacate the foreclosure sale

Before he retained the services of this firm, due to the neglect and ineffective assistance of his prior attorneys, the client had a default judgment of foreclosure entered against him on an apartment ... he owned for investment purposes. Despite the fact that it appeared that he had lost his case because the court had entered a judgment against him, in zealous advocacy for our client, we promptly mounted a vigorous challenge to vacate the court's default judgment on the grounds that the bank failed to attach critical documents and show ownership of the apartment. However, due to the woefully inadequate counsel the client had received, the court failed to get a complete picture of the client's case during the initial proceeding and was unable to revisit the issue at that point without new facts and information. We therefore did what this firm has always excelled at - combining creative, out-of-the-box litigation strategies with diligent and meticulous fact-finding. We immediately initiated discovery, closely reviewed discovery documents to unearth any information beneficial to our client that his prior attorneys had overlooked. It soon came to our attention that the Bank that purchased the premises had not successfully served our client with a Notice of Foreclosure when it initiated the foreclosure action. Under New York law, a party subject to a foreclosure action is entitled to service of all papers related thereto, including the Notice of Foreclosure. The failure to comply with the service requirements is grounds for vacating the initial foreclosure judgment. Thus, we moved by emergency application to vacate the sale and re-notice the foreclosure sale. Opposing counsel, recognizing that we had the upper hand, immediately offered the exact relief which we requested. This was a huge win for our client because not only did he maintain ownership of the apartment and achieve his goal, we also avoided the time and expense associated with protracted litigation.

Landlord or tenant

Rogue Tenant Ordered to Pay Tens of Thousands in Back Rent

Aug 11, 2017

OUTCOME: Within weeks, the matter was before a judge who ordered the tenant to repay what was owed to our client - tens of thousands of dollars. The tenant paid and then vacated the premises days later.

After months of unsuccessful negotiations, a landlord approached this firm hoping to recoup tens of thousands of dollars from a commercial tenant who refused to pay rent and refused to vacate the premi ... ses. Upon retaining this firm, we commenced expedited proceedings in Housing Court seeking to recover the back rent owed and the eviction of the tenant.

Aaron Morris Schlossberg's Legal Cases (5)

Breach of Contract Cause of Action Survives

Motion to Dismiss the Complaint Denied

Preliminary Injunction and Temporary Restraining Order Granted

Interests Resurrected Following Judgment And Foreclosure Sale

Rogue Tenant Ordered to Pay Tens of Thousands in Back Rent