Our attorneys handle both plaintiff and defendant work encompassing all aspects of commercial litigation in traditional forums and through alternate dispute resolution.  We have recently brought an arbitration against a national brokerage firm, prosecuted a consumer class action involving a marketing promotion, and defended a company and its founder against claims of fraud in connection with the sale of a high-tech start-up. Although frequently involved in trial practice, much of our work is consultative in nature.  As such, we act in an advisory capacity or pre-litigation mode where we are attempting to solve business disagreements and partnership disputes without commencing a formal action.  This often 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.  In this regard, we have been involved in several arbitration cases involving major sports teams.  We also handle cases involving insurance disputes including contesting insurance valuations and coverage refusals.

Representative Cases/ Reported Decisions

Dimension Trading Partners, LLC v. Jamie F. Lissette and Hammerstone NV, Inc., Index No. 650284/2013 (Supreme Court, New York County). Defended proprietary trader against claim to collect on promissory note issued in connection with the establishment of trading relationship.

Ator Limited v. Comodo Holdings Limited, Case 2:12-cv-03083-DMC-JAD (District of New Jersey). Represented third-party defendants in dispute arising out of the sale of a start-up company.

Financials Restructuring Partners v. Premier Bancshares, Inc., Index No. 651283/2013 (Supreme Court, New York County). Defended former bank holding company against attempt to foreclose upon $6 million in debt securities.

325 Schermerhorn LLC, et. al. v. Nevins Realty Corp. et. al. Won a summary judgment motion compelling defendants to pay $3.6 million plus interest representing a returned down payment on four properties because of a transit easement assumedly known to all parties at the time the contracts were executed. Reported decision at 2009 WL 997501.

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, United States District Court for the Southern District of New York. 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.

Colton Hartnick Yamin & Sheresky v. Feinberg, New York Supreme Court, New York County. 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.

Corporate/Partnership Disputes

Mun v. Hong, New York Supreme Court, New York County. 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.

Levine v. Murray Hill Manor Company, New York Supreme Court, New York County. 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.

Marks v. Zucker., New York Supreme Court, New York County. 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.

Bragar Eagel & Squire, P.C.

212.308.5858

info@bespc.com

885 3rd Avenue, Suite 3040
New York, NY 10022