Commerical Litigation

Uniform Commercial Code
Business Torts
Non-Compete and Non-Solicitation Agreements
Franchise Purchases
Contract Disputes
Construction Litigation
Insurance Coverage
Fair Debt Collection Practices Act
Mediation and Arbitration of Disputes

SUFFOLK COUNTY SUPREME COURT AWARDS SUMMARY JUDGMENT IN CONTRACTUAL DISPUTE

In General Bangston, LLC v. Zizzi Construction Corp., a subcontractor sought to recover amounts owed by a general contractor for various residential projects. The court granted Sokoloff Stern’s motion for summary judgment awarding damages against both the corporate defendant and the individual defendant owner of the corporation.

Adam I. Kleinberg and Chelsea Weisbord drafted the successful motion.

SECURITY COMPANY DEFEATS COUNTERCLAIMS IN NON-PAYMENT ACTION

In General Security, Inc. v. Ironclad Systems, Inc., Sokoloff Stern represented the plaintiff security systems company that sought payments owed by defendant under a security system monitoring agreement. Nassau County Supreme Court Justice Karen V. Murphy granted Sokoloff Stern’s motion to dismiss defendant’s counterclaims as time-barred.

Adam I. Kleinberg and Kevin Levine drafted the successful motion.

COURT DISMISSES CONTRACT CLAIM AGAINST HOUSING AUTHORITY

In J&E Industries of Ossining, Inc. v. Peekskill Housing Authority, plaintiff sued the Housing Authority for breach of contract based on alleged repair work at a housing project. Supreme Court Justice William J. Giacomo granted Sokoloff Stern’s motion to dismiss the case, which was affirmed on appeal. The court found that despite the plain language of the Public Housing Authorities Law, plaintiff was required to serve a notice of claim before commencing an action against the Housing Authority.

Adam I. Kleinberg and Kevin Levine drafted the successful motion.

SOKOLOFF STERN WINS APPEAL FOR COUNTY IN VIRGINIA

In Adamou v. Doyle, Sokoloff Stern defended the County of Spotsylvania, Virginia, its Sheriff’s office, and a retired detective from the Virginia Attorney General’s office. Following a joint investigation by state and federal law enforcement agencies, the plaintiff was arrested and indicted for participating in an interstate tobacco smuggling conspiracy. After the Commonwealth dropped the charges, plaintiff sued, inter alia, for false arrest, malicious prosecution, and abuse of process claiming the detective had testified falsely before the grand jury. After the District Court dismissed all claims against the County but denied the detective’s motion to dismiss, the Second Circuit granted the detective absolutely immune for his testimony before the grand jury and dismissed the remainder of the case.

Mark Radi successfully briefed and argued the motions and appeal.

COURT DISMISSES CLAIMS AGAINST CORPORATE SHAREHOLDERS

In Pellicano v. Focus Solutions, LLC, Sokoloff Stern represented a technology start-up company against claims for breach of contract and New York Labor Law violations by a former consultant. Suffolk County Supreme Court Justice Emily Pines granted Sokoloff Stern’s motion to dismiss the complaint against the company’s shareholders, finding that the New York Limited Liability Company Law barred the claims against them as individuals.

Brian S. Sokoloff and Kevin Levine drafted the successful motion.