May 24, 2019
UPDATE: U.S. Supreme Court Rules 8-1 That Rejection In Bankruptcy of ...UPDATE: U.S. Supreme Court Rules 8-1 That Rejection In Bankruptcy of a Trademark Licensing Agreement Does Not Terminate the Licensee’s Right To Continue Using the Mark Under the License Agreement
We are updating our post of March 20, 2019 to report that on May 20, 2019, the U.S. Supreme Court ruled, in an 8-1 decision, that when a debtor in bankruptcy exercises its right to breach lawfully a trademark licensing ...
We are updating our post of March 20, 2019 to report that on May 20, 2019, the U.S. Supreme Court ruled, in an...
May 24, 2019
Thomas R. Slome Elected Treasurer of the NYC Bar AssociationThomas R. Slome Elected Treasurer of the NYC Bar Association
On May 22, 2019 – Thomas R. Slome was elected Treasurer of the New York City Bar Association at the Annual Meetin of the City of the Bar. The mission of the New York City Bar Association, which was founded ...
On May 22, 2019 – Thomas R. Slome was elected Treasurer of the New York City Bar Association at the Annual Meetin of...
May 24, 2019
Paul F. Millus Appointed as a Delegate of the EDNY’s “Lit...Paul F. Millus Appointed as a Delegate of the EDNY’s “Litigation Efficiency Roundtable”
Tuesday, May 21, 2019 – Paul F. Millus was selected as one of two delegates by the Chair of the Commercial and Federal Litigation Section of the New York State Bar Association to participate in the Eastern District of New ...
Tuesday, May 21, 2019 – Paul F. Millus was selected as one of two delegates by the Chair of the Commercial and Federal...
May 23, 2019
Matthew A. Marcucci Joins Meyer Suozzi’s Litigation PracticeMatthew A. Marcucci Joins Meyer Suozzi’s Litigation Practice
May 22, 2019 (Garden City, N.Y.) – Meyer, Suozzi, English & Klein, P.C. is pleased to announce that Matthew A. Marcucci has joined the firm as an Associate in the Litigation and Dispute Resolution Department in the firm’s Garden City ...
May 22, 2019 (Garden City, N.Y.) – Meyer, Suozzi, English & Klein, P.C. is pleased to announce that Matthew A. Marcucci has joined...
May 23, 2019
Meyer Suozzi Awards Scholarship to Six Veterans Attending Nassau Comm...Meyer Suozzi Awards Scholarship to Six Veterans Attending Nassau Community College
May 9, 2019 – Meyer Suozzi is proud to announce that it has awarded scholarships to six veterans now enrolled at Nassau Community College (NCC). The NCC scholarship program, which was initiated by our firm in 2011, recognizes local veterans ...
May 9, 2019 – Meyer Suozzi is proud to announce that it has awarded scholarships to six veterans now enrolled at Nassau Community...
May 23, 2019
James Garbus Chairs MMALI Breakfast at The Heritage Club at BethpageJames Garbus Chairs MMALI Breakfast at The Heritage Club at Bethpage
On May 23rd, James Garbus chaired the MMALI’s, “Successfully Navigating Business Challenges.” He is one of the founding board members of the Middle Market Alliance of Long Island, Inc., an established group of professionals and dealmakers associated with and focused ...
On May 23rd, James Garbus chaired the MMALI’s, “Successfully Navigating Business Challenges.” He is one of the founding board members of the Middle...
May 21, 2019
Kevin Schlosser Authors, “First Department Sustains Fraud Claim...Kevin Schlosser Authors, “First Department Sustains Fraud Claims Where There are Legitimate Issues Whether Claimant Could Have Uncovered Falsity of Alleged Misrepresentations”
The First Department in Orchard Hotel LLC v D.A.B. Group LLC, 2019 NY Slip Op 03893 (1st Dep’t Decided May 16, 2019) recently affirmed the Commercial Division’s denial of a motion to dismiss fraud cross-claims because there were legitimate issues as to whether ...
The First Department in Orchard Hotel LLC v D.A.B. Group LLC, 2019 NY Slip Op 03893 (1st Dep’t Decided May 16, 2019) recently affirmed the Commercial...
May 21, 2019
Kevin Schlosser Authors, “First Department Dissents Result in M...Kevin Schlosser Authors, “First Department Dissents Result in Mandatory Review by Court of Appeals of Questionable Majority Decision”
In my February 19, 2019 post, I reviewed a February 5, 2019 decision of the First Department that seemed to find inferences to satisfy the recognized elements of fraud. It seemed the majority opinion wished to preserve the fraud claims because ...
In my February 19, 2019 post, I reviewed a February 5, 2019 decision of the First Department that seemed to find inferences to satisfy...
May 15, 2019
James Garbus Receives the Executive Circle AwardJames Garbus Receives the Executive Circle Award
On May 16th, James D. Garbus will be awarded Long Island Business News’ Executive Circle Award. The Executive Circle Awards celebrates c-suites, directors and other senior level executives who consistently demonstrate remarkable leadership skills, integrity, values, vision, commitment to excellence, ...
On May 16th, James D. Garbus will be awarded Long Island Business News’ Executive Circle Award. The Executive Circle Awards celebrates c-suites, directors...
May 15, 2019
Richard Eisenberg Honored at Touro Law Center’s With Liberty &#...Richard Eisenberg Honored at Touro Law Center’s With Liberty & Justice For All Dinner
On May 16th, Richard Eisenberg was honored with the Paul S. Miller Award at Touro Law Center’s With Liberty & Justice For All Dinner. Since 1995, Touro Law Center has honored distinguished members of our community and alumni at our ...
On May 16th, Richard Eisenberg was honored with the Paul S. Miller Award at Touro Law Center’s With Liberty & Justice For All...
May 15, 2019
Hon. Randall Eng Honored at Queens County Bar AssociationHon. Randall Eng Honored at Queens County Bar Association
On May 2, 2019, Hon. Randall T. Eng was honored with the Charles W. Froessel Award at the Queens County Bar Association’s 142nd Annual Dinner and Installation of Officers and Managers. The Queens County Bar Association hosted its annual installation ...
On May 2, 2019, Hon. Randall T. Eng was honored with the Charles W. Froessel Award at the Queens County Bar Association’s 142nd...
May 8, 2019
Kevin Schlosser Authors, “First Department Relies on Cornucopia...Kevin Schlosser Authors, “First Department Relies on Cornucopia of Bases in Affirming Dismissal of Fraud Claims”
Courts should scrutinize fraud claims even at the pleadings stage of a case, especially in view of CPLR 3016(b), which requires that “the circumstances constituting the wrong shall be stated in detail.” The recent decision of the First Department in RKA Film ...
Courts should scrutinize fraud claims even at the pleadings stage of a case, especially in view of CPLR 3016(b), which requires that “the circumstances...
May 1, 2019
Kevin Schlosser Authors, “Fraud Claims Must be Dismissed for La...Kevin Schlosser Authors, “Fraud Claims Must be Dismissed for Lack of Reasonable Reliance”
I have often addressed the element of “reasonable reliance” in the cause of action for fraud. The New York Court of Appeals has observed that requiring a party to act reasonably in relying on allegedly false and fraudulent misrepresentations is a matter ...
I have often addressed the element of “reasonable reliance” in the cause of action for fraud. The New York Court of Appeals has observed that...
April 30, 2019
Michael Antongiovanni Authors, “The Difficulty of Obtaining Rec...Michael Antongiovanni Authors, “The Difficulty of Obtaining Recourse Against a Seller of Real Property Post-Closing”
Home ownership has long been a part of the American dream. For some, that dream quickly turns into a nightmare when it becomes apparent that they purchased a “lemon” of a home. As the Appellate Division, Third Department, reminded us ...
Home ownership has long been a part of the American dream. For some, that dream quickly turns into a nightmare when it becomes...
April 18, 2019
A. Thomas Levin Quoted in, “Residents raise issues with propose...A. Thomas Levin Quoted in, “Residents raise issues with proposed Baxter house”
A site plan for the proposed replacement of the historic Baxter House was brought before the Village of Baxter Estates Landmarks Preservation Commission on Thursday. Sabrina Wu, the owner of the property, demolished the home in October 2017 after a ...
A site plan for the proposed replacement of the historic Baxter House was brought before the Village of Baxter Estates Landmarks Preservation Commission...
April 18, 2019
A. Thomas Levin Quoted in, “Baxter House Plan Presented To Vill...A. Thomas Levin Quoted in, “Baxter House Plan Presented To Village Commission”
The Baxter House: a centuries-old home that once stood on the premises of 15 Shore Rd. The namesake home of the village underwent a series of unfortunate events over the past few years as it sat atop its small hill ...
The Baxter House: a centuries-old home that once stood on the premises of 15 Shore Rd. The namesake home of the village underwent...
April 17, 2019
Paul Millus Quoted in, “Construction starting for Long Island...Paul Millus Quoted in, “Construction starting for Long Island’s first LGBT affordable housing project”
At 34 Park Ave in Bay Shore, New York, a brick exterior wall hides a turquoise room with a disco ball hanging from the ceiling. Inside, 30 people are saying goodbye to the place that gave them shelter for 16 ...
At 34 Park Ave in Bay Shore, New York, a brick exterior wall hides a turquoise room with a disco ball hanging from...
April 11, 2019
Kevin Schlosser Authors, “Court Distinguishes Nonactionable “...Kevin Schlosser Authors, “Court Distinguishes Nonactionable “Puffery” and “Hyperbole” From Concrete Factual Misrepresentations of Fraud”
It is well accepted that a fraud claim must be based upon what the courts view as factual misrepresentations rather than promises about the future, expressions of hope, puffery or hyperbole. See High Tides, LLC v. DeMichele, 88 A.D.3d 954 (2d ...
It is well accepted that a fraud claim must be based upon what the courts view as factual misrepresentations rather than promises about...
April 10, 2019
Paul Millus Authors, “The Ins and Outs of a BCL § 1118 Hearing”Paul Millus Authors, “The Ins and Outs of a BCL § 1118 Hearing”
Counsel is presented with an opportunity to represent a petitioner (or a respondent) in a corporate dissolution proceeding. As petitioner’s counsel, a petition under N.Y. Business Corporation Law (“BCL”) § 1104 cannot be filed as the client does not own ...
Counsel is presented with an opportunity to represent a petitioner (or a respondent) in a corporate dissolution proceeding. As petitioner’s counsel, a petition...
April 3, 2019
Kevin Schlosser Authors, “Fraud Claims Fail Because Plaintiff C...Kevin Schlosser Authors, “Fraud Claims Fail Because Plaintiff Could Not Have Believed the Alleged Misrepresentation was False and Thus No Reasonable Reliance”
As I summarized in an earlier post, fraud claims can and should be dismissed at the pleadings stage when the element of “reasonable reliance” is shown to be lacking. The Appellate Division, Second Department, recently affirmed that principle in Sammy v. Haupel, ...
As I summarized in an earlier post, fraud claims can and should be dismissed at the pleadings stage when the element of “reasonable reliance”...
April 1, 2019
Patricia Galteri Honored at The Premier Business Women of Long Island...Patricia Galteri Honored at The Premier Business Women of Long Island Awards Gala
On March 28th, Patricia Galteri was honored at The Premier Business Women of Long Island Awards Gala. The 2019 Premier Business Women of Long Island Awards Gala celebrates high-level female business leaders making an impact on Long Island. Each honoree ...
On March 28th, Patricia Galteri was honored at The Premier Business Women of Long Island Awards Gala. The 2019 Premier Business Women of...
March 21, 2019
U.S Supreme Court to Potentially Rule on the Rights of a Non-Debtor L...U.S Supreme Court to Potentially Rule on the Rights of a Non-Debtor Licensee Under a License Agreement Rejected in Bankruptcy, in a Case at the Intersection of Bankruptcy and Intellectual Property Law
The Bankruptcy Code gives the debtor in a bankruptcy case unique and extraordinary powers. For example, under section 365 of the Bankruptcy Code, the debtor may “reject” an existing lease of non-residential real property. Thus, a debtor operating retail stores ...
The Bankruptcy Code gives the debtor in a bankruptcy case unique and extraordinary powers. For example, under section 365 of the Bankruptcy Code,...
March 13, 2019
Jil Mazer-Marino and Gregg Kligman Present, “Cannabis on Long Island”Jil Mazer-Marino and Gregg Kligman Present, “Cannabis on Long Island”
Jil Mazer-Marino and Gregg Kligman presented Cannabis on Long Island at Meyer, Suozzi, English & Klein, P.C. The legal and economic landscape surrounding cannabis and hemp is changing rapidly. Attorneys, entrepreneurs, business owners, investors, local officials, and policymakers can benefit ...
Jil Mazer-Marino and Gregg Kligman presented Cannabis on Long Island at Meyer, Suozzi, English & Klein, P.C. The legal and economic landscape surrounding...
March 12, 2019
Kevin Schlosser Authors, “Party Alleging Fraudulent Inducement ...Kevin Schlosser Authors, “Party Alleging Fraudulent Inducement Who Relied On Attorney Waives Attorney-Client Privilege”
Is it possible that a party who was represented by an attorney in a transaction, who later claims it was fraudulently induced to enter into that transition, could waive its attorney-client privilege as to advice the attorney gave about the ...
Is it possible that a party who was represented by an attorney in a transaction, who later claims it was fraudulently induced to...
March 8, 2019
Client Alert: United States Department of Labor Proposes Increasing t...Client Alert: United States Department of Labor Proposes Increasing the Salary Threshold for Exempt Employees to $35,308
On March 7, 2019, the United States Department of Labor released its long-gestating plan to increase the number of individuals eligible to earn overtime under the Fair Labor Standards Act (“FLSA”). Under the proposed rule, individuals earning less than $35,308 ...
On March 7, 2019, the United States Department of Labor released its long-gestating plan to increase the number of individuals eligible to earn...
March 4, 2019
Meyer Suozzi is Proud to be a Sponsor of the 25th Annual Touro Colleg...Meyer Suozzi is Proud to be a Sponsor of the 25th Annual Touro College Goods & Services Auction
On Wednesday, March 13th, Touro Law Center will be honoring Meyer Suozzi attorney, Charles Skop, for his pro bono efforts at their 25th annual “Public Interest Attorney of the Year” reception. The event takes place on the same evening as ...
On Wednesday, March 13th, Touro Law Center will be honoring Meyer Suozzi attorney, Charles Skop, for his pro bono efforts at their 25th...
February 27, 2019
Meyer Suozzi Participates in the 2019 Cycle For SurvivalMeyer Suozzi Participates in the 2019 Cycle For Survival
Our firm will be participating in the ride on March 3, 2019, from 8:00 AM through 12:00 PM at the Equinox in Woodbury. We hope you can support our riders, Gregg Kligman, Jil Mazer-Marino, Michael Kwiatkowski and Brandon Lisogorsky by ...
Our firm will be participating in the ride on March 3, 2019, from 8:00 AM through 12:00 PM at the Equinox in Woodbury....
February 20, 2019
Kevin Schlosser Authors, “First Department Sustains Fraud Compl...Kevin Schlosser Authors, “First Department Sustains Fraud Complaint That Does Not Identify Who Relied on Alleged Misrepresentations”
I have observed that the more reprehensible the alleged underlying fraud, the more likely it is that courts will accept even less than artfully-pleaded elements of the fraud. A review of the cases upon which I comment in this blog ...
I have observed that the more reprehensible the alleged underlying fraud, the more likely it is that courts will accept even less than...
February 15, 2019
Jil Mazer-Marino Honored at NYIC’s Women in Achievement AwardsJil Mazer-Marino Honored at NYIC’s Women in Achievement Awards
February 5, 2019 (New York City) – Meyer Suozzi would like to congratulate, Jil Mazer-Marino, Member of the Firm, for receiving the 12th Annual Executive of the Year Award. Thomas Slome presented her with this honor at NYIC’s Women in ...
February 5, 2019 (New York City) – Meyer Suozzi would like to congratulate, Jil Mazer-Marino, Member of the Firm, for receiving the 12th...
February 15, 2019
Richard Fromewick Authors, “2020/21 Nassau Re-Assessment Woes”Richard Fromewick Authors, “2020/21 Nassau Re-Assessment Woes”
It is shocking how many times a day prospective clients complain about the market value increases on their commercial or residential property. The protest period is now. Actually, the increase or decrease in assessment or market value is relatively unimportant. ...
It is shocking how many times a day prospective clients complain about the market value increases on their commercial or residential property. The...
February 4, 2019
Client Alert: NYS Legislature Brings New Hope to Child Sexual Abuse V...Client Alert: NYS Legislature Brings New Hope to Child Sexual Abuse Victims
Victims of child sexual abuse have a powerful new weapon to achieve justice against their abusers. On January 28th, 2019, the New York State Legislature approved a bill greatly increasing the time within which a person who was sexually abused ...
Victims of child sexual abuse have a powerful new weapon to achieve justice against their abusers. On January 28th, 2019, the New York...
January 29, 2019
Client Alert: 2019 Wills, Trusts & Estates Winter AlertClient Alert: 2019 Wills, Trusts & Estates Winter Alert
A year has elapsed since the Federal Tax Cuts and Jobs Act (the “TCJA”) became effective1 and it has been nearly five years since New York’s estate tax law was last overhauled. Since New York’s estate tax law changes were ...
A year has elapsed since the Federal Tax Cuts and Jobs Act (the “TCJA”) became effective1 and it has been nearly five years...