Practice Areas > General Commercial Litigation

We advise, counsel, negotiate and litigate.
We handle both plaintiff and defendant work encompassing all aspects of commercial litigation. Although frequently involved in trial practice, much of our work is consultative in nature. Often, we act in a more advisory capacity or pre-litigation mode where we are attempting to solve business disagreements and partnership disputes without commencing a formal action. This occurs when small businesses undergo a significant change such as a partnership split or business "divorce" or, in the case of a closely held business, a transition of ownership.

Additional areas of focus include commercial contract actions and personal service contracts, both in negotiation and in contests questioning the parties' adherence to contract terms. We also handle cases involving insurance disputes including contesting insurance valuations and coverage refusals.

Representative Cases/ Reported Decisions

Raycom v. Kerns (Supreme Court, Kings County, New York)  We are representing a Singapore-based aircraft part manufacturer in a breach of contract suit against a multi-national corporation.

Bellis v. Tokio Marine Insurance Company; procured a $7 million settlement after obtaining a jury verdict on liability based on causation of damage in insurance claim. Also defeated a summary judgment motion reported at 2002 WL 193149 (S.D.N.Y.) The case involved attribution of liability for some priceless Tiffany glass that was damaged while on exhibit in Tokyo. Read an article about the case.

Paquette v. Twentieth Century Fox; compelled Fox television to grant created by/inspired by credits to authors of comic book from which television series was adapted, establishing claim of reverse passing off, i.e. improperly taking credit for someone else’s work, under the Lanham Act. Reported at 2000 WL 235133 (S.D.N.Y.2000). 

Colton Hartnick Yamin & Sheresky v. Feinberg, successfully reversed trial court’s denial of summary judgment to law firm on impropriety of claim of malpractice.  On appeal, dismissed malpractice claim based on lack of facts to establish legal malpractice and punitive damages. Reported at 227 A.D.2d 233, 642 N.Y.S.2d 283 (1st Dept. 1996).

Corporate/Partnership Disputes
Mun v. Hong. Reversed a trial court’s dismissal of complaint seeking damages from breach of a partnership agreement to acquire real property. Reported at 44 A.D.3d 534, 843 N.Y.S.2d 505 (1st Dept. 2007).

Levine v. Murray Hill Manor Company. Represented partnership and general partner and successfully dismissed claims brought by assignees of limited partnership by establishing that the assignees may not sue the partnership and partners. Reported at 143 A.D.2d 298, 532 N.Y.S.2d 130 (1st Dept. 1988). 

Marks v. Zucker. Represented partnerships and corporations dismissing claims of stockholder for accounting by successfully interpreting corporate law remedies and necessary parties to action. Reported at 118 A.D.2d 452, 499 N.Y.S.2d 740 (1st Dept. 1986).

Click here to read “Insurance Company Agrees to Pay $7 Million to Tiffany Glass Collector,” Stained Glass News (February 2007)