​ANDERSON & OCHS, LLP


LITIGATION


A&O handles complex litigation cases of every size and description. Our litigation practice involves a broad array of subject matters including corporate, commercial, real estate, cooperative/condominium, construction, securities, banking, trademark, employment discrimination, civil rights,   labor, insurance, creditors’ rights, and accounting litigation. We handle a full panoply of litigation at both trial and appellate levels before federal and state courts, administrative agencies and various arbitration forums. Our clients often consult us in anticipation of potential disputes, and the firm is routinely involved in fast-paced cases where we are required to obtain injunctive relief on short notice.



  • Represented Fortune 50 company before New York’s highest court in seminal case on the tort liability of drug testing laboratories to its test subjects in the criminal justice setting.  Landon v. Kroll Lab. Specialists, Inc., 22 N.Y.3d 1, 977 N.Y.S.2d 676, 999 N.E.2d 1121 (2013).  Previously obtained dismissal of all federal claims.  Landon v. County of Orange, 2009 U.S. Dist. LEXIS 64927 (S.D.N.Y. July 23, 2009).



  • Obtained a reversal in the Second Circuit Court of Appeals determining that arbitration provision in Wall Street firm's handbook and separate employment agreement did not require arbitration of Title VII claims.  White v. Cantor Fitzgerald, 2010 U.S. App. LEXIS 19681, 393 Fed. Appx. 804 (2d Cir. September 22, 2010).



  • Defended 1,200-unit condominium complex in federal lawsuit filed by the U.S. Attorney’s Office for the Southern District of New York on behalf of the U.S. Department of Housing and Urban Development, regarding its emotional support/service animal policy.  United States of America v. The Condominium Board of the Kips Bay Towers Condominium, 17 Civ. 361 (DLC) (S.D.N.Y. 2018) (Cote, J.).



  • Prevailed in a six-day arbitration hearing conducted by the American Arbitration Association on behalf of 80 percent co-owners of Gramercy Park brownstone, determining majority’s right to compel a minority to sell their interest in the Building, awarding attorneys’ fees in favor of the majority.  Cutter v. Van Der Schauw, AAA Case No: 01-15-0003-4963 (2017).



  • Obtained arbitration award on behalf of City Island condominium unit owners against their condominium board in dispute over owners’ right to rebuild unit-owner-owned marina, and the board’s obligation to repair damaged seawall, following major casualty event caused by Superstorm Sandy. Order and Judgment - November 25, 2016 



  • Obtained seven-figure judgment, pre-trial, on behalf of commercial building owner against defaulting former commercial tenant.  Trinity Ctr. LLC v. Stern & Montana, LLP, 2017 NY Slip Op 32565(U), 2017 N.Y. Misc. LEXIS 4706 (Sup. Ct., New York Co. December 4, 2017).



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  • Represented accounting firm in successfully obtaining dismissal of lawsuit on motion for summary judgment against former client claiming in excess of a million dollar of damages for malpractice and breaches of fiduciary duties.  Reville v. Melvin Ginsberg & Assocs., 2017 NY Slip Op 30821(U), 2017 N.Y. Misc. LEXIS 1537 (Sup. Ct., New York Co. April 20, 2017).





  • Represented minority members in several closely held garage-operating businesses, located in New York City, in disputes with the controlling owner regarding distribution of profits and control of business assets.



  • Represented minority partner in several residential and commercial properties in successfully obtaining dismissal of lawsuit by fellow partner claiming forfeiture of all of her interests in the partnerships.  Wiener v. Spahn, 123 A.D.3d 448, 999 N.Y.S.2d 3 (1st Dep’t 2014), 129 A.D.3d 556, 10 N.Y.S.3d 436 (1st Dep’t 2015).




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  • Represented Tribeca penthouse condominium unit owner in lawsuit against former design and architectural team for professional negligence in the design and construction of a multi-million dollar penthouse unit in violation of New York City Building Codes and Landmark regulations resulting in a seven-figure settlement.



  • Represented majority interest in three family-owned partnerships in lawsuit against minority partnerships who issued an notice of extra-judicial dissolution of the partnerships, successfully obtaining a finding that the partnerships were not terminable-at-will. 



  • Represented apartment occupant and lender in dispute over ownership interest in apartment unit, which was formally held in the name of the borrower, in successfully obtaining settlement. 



  • Represented former seller of partnership assets in successfully obtaining resettlement of prior order, removing provision from prior order which required the seller to return to the purchase prices paid for interests to the buyers, following the judicial rescission of such sales.  Wiener v. Spahn, 126 A.D.3d 508, 3 N.Y.S.3d 571 (1st Dep’t 2015).



  • Represented international management consulting firm in recovery of unpaid professional fees in connection with rollout of new line of health care delivery business.



  • Represented condominium and board in lawsuit brought by unit owner for property damage caused in connection with flooding of apartment unit.



  • Represented condominium board members in successfully obtaining dismissal of claims against individual board members in connection with lawsuit brought by unit owner for alleged construction defects by condominium sponsor.  Grubin v. Gotham Condo., 34 Misc. 3d 1202(A), 946 N.Y.S.2d 66, 2011 N.Y. Misc. LEXIS 6163 (Sup. Ct., New York Co. December 21, 2011).



  • Represented owner of pied-à-terre co-op apartment in Manhattan in successful settlement with co-op board, permitting owner to sell his co-op apartment to outside buyer



  • Successfully defended member of ecclesiastic society’s Board against former attorneys for the society who claimed they were owed $1.5 million in attorney fees.  Chittur & Associates, P.C. v. Vijay Shaw and International Society for Krishna Consciousness, Inc., Index No. 60277/2015 (Sup. Ct., Westchester Co. 2015).



  • Obtained dismissal of all claims against individual Board members and officers of luxury Soho cooperative in connection with commercial tenant's attempt to annex common areas, defeated the same, and granted permission to terminate lease. Loeb v. 112 Greene Street Owners Corp., 2010 N.Y. Misc. LEXIS 2186, 2010 NY Slip Op 31515(U) (Sup. Ct., New York Co. June 4, 2010).



  • Represented West Village cooperative building against a contractor for failing to properly waterproof the building in 2016 jury trial in New York Supreme Court.



  • Represented Board of Directors of New York City cooperative in obtaining dismissal of false arrest and other tort-related claims in connection with protests over nesting place of well-known red-tail hawk, "Pale Male," on building facade. Karim v. Board of Directors, Index No. 117223/05 (Sup. Ct., New York. Co. 2007).





  • Obtained judgment requiring purchaser to forfeit deposit on $4 million apartment where purchaser attempted to avoid closing on sale. Park v. Zbarsky, et al., 23 Misc. 3d 1137(A), 889 N.Y.S.2d 505 (Sup. Ct., New York Co. 2009).



  • Successfully argued before New York State's highest court to have timeliness questions referred to arbitration based on the applicability of the Federal Arbitration Act to a $6 million construction project involving a 34-story landmark building.  Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp., 4 N.Y.3d 247, 793 N.Y.S.2d 831, 826 N.E.2d 802 (2005).

                                                                


  • Obtained an $18 million judgment, following a three-month jury trial, on behalf of a 1,700-unit residential cooperative against its insurer, arising out of the collapse of a 90,000 square foot underground parking garage. The verdict was featured as one of the "National Verdicts of the Month" in the June 2004 edition of Verdict Search National.  Seward Park Hous. Corp. v. N.Y. Mut. Ins. Co.



  • Won an arbitration award in a dispute among homeowners of multi-million dollar apartments in a brownstone building in forcing sale of apartment by "objectionable" unit owner.  JP Morgan Chase Bank v. Altos Hornos de Mexico, S.A. de C.V.





  • Obtained a $3 million award, together with costs and attorneys' fees, following a multi-day hearing before the International Centre for Dispute Resolution of the American Arbitration Association, on behalf of Mexico's largest steel manufacturer involving a contract dispute with one of its resellers.  Altos Hornos de Mexico, S.A. de C.V. v. Stahlschmidt Trading Ltd. and Stahlco Limited, 50 181 T 00298 02 (2005).







  • Secured a federal jury verdict, following a two-week trial, dismissing securities fraud claims against investment advisor.  Walther v. Maricopa Int'l Inv. Corp., 2002 U.S. Dist. LEXIS 21842 (S.D.N.Y. November 8, 2002). 





  • Successfully prosecuted multi-million dollar NYSE arbitration against leading investment bank for failure to execute sale of 150,000 shares of restricted stock pursuant to S-1 registration statement.



  • Represented withdrawing partner of major national law firm in multi-day arbitration before the AAA seeking aliquot share of accrued firm profits prior to withdrawal.



  • Obtained judgment in New York State Housing Court, following ten-day bench trial, on behalf of real estate owner and developer, terminating leasehold interest and evicting commercial tenant.

                                                                  



OTHER NOTABLE REPORTED CASES
             



  •  Public Adjustment Bureau, Inc. v. Greater New York Mut. Ins. Co., 57 A.D.3d 441, 869 N.Y.S.2d 339 (1st Dep't 2008);