Janice Goldberg, Partner

Herrick successfully obtained a court order requiring a commercial tenant to make use and occupancy payments during the pendency of an eviction and nonpayment action. The matter involved Gramercy Park Partners, LLC, owner of 2 Lexington Avenue—the site of the iconic Gramercy Park Hotel—seeking relief against its tenant for failure to pay rent and real estate taxes. The Supreme Court of New York directed the defendants to pay ongoing use and occupancy at the lease rate, as well as all outstanding and future real estate taxes.

Represented real estate debtor as special litigation counsel. Won motion to dismiss adversary proceeding, which was affirmed on appeal. 684 B.R. 734 (S.D.N.Y 2022)

Represented a leading apparel company and its majority shareholders in a cash out merger dispute with its former minority shareholder. The minority shareholder filed an action in New York State Supreme Court to rescind the merger, alleging that the apparel company failed to comply with New York case law mandating a legitimate business or corporate purpose for corporate mergers. The Court initially denied the apparel company’s motion to dismiss but granted reargument, recognizing that its original decision did not fully address the business purpose arguments that lay at the core of the dispute. Following reargument, the Court granted the apparel company’s motion to dismiss, acknowledging the merger’s clear legitimate business purpose. This decision holds great significance for the legal community as there are very few precedents under New York law addressing the conditions under which a merger can be rescinded, particularly for lack of a legitimate business purpose. The case is Alan Ades v. Van Dale Industries, Inc. et al. (N.Y. Sup. Ct.).

Representing a real estate investor and developer in litigation arising from a failed joint venture to acquire, own and operate a 50 percent tenant-in-common interest in fourteen valuable midtown Manhattan commercial properties. Dispute includes claims that our client's former partner breached a contribution agreement between the parties by selling the rights and interest in the acquisition to a third-party for its own benefit, misappropriating funds intended for joint venture purposes, and misappropriating a $46 million payment that it was not entitled to under the terms of the agreement.

Successful defense of an Ireland-based entity in litigation asserting fraud and breach of warranty claims arising from alleged misstatements and omissions of material facts made in the shareholder’s agreement of a venture formed to lay an undersea telecommunications cable between Ireland and Wales. Secured the client’s dismissal from the action based on lack of personal jurisdiction.

Representing the former owners of a designer and distributor of mechanical and chemical fastening products acquired by a Fortune 500 manufacturer of industrial tools and household hardware in litigation to recoup monies held in an escrow account as indemnification payments for post-closing risks. Dispute involves issues related to import tariff and customs duties imposed by Canadian authorities on products imported by the acquired business from the Republic of China.

Achieved an important victory on behalf of a non-profit pro-bono client asserting claims against several former board members who had used their positions of trust to loot the organization for their own personal gain by misappropriating funds from the client’s operating accounts, gaining control of the organization's Harlem apartment buildings, misappropriating rental income from those properties, and ultimately selling one of the buildings for their own benefit.  Herrick successfully argued a motion for a preliminary injunction, obtaining an order from the court enjoining the defendants from holding themselves out as officers of the non-profit, and requiring them to return the organization’s apartment buildings to our client’s control. 

Successfully defended three owners of sizable residential portfolios and five managing agents of rental properties located in downtown Manhattan in a putative bi-lateral class action brought by three plaintiffs seeking statutory rent reimbursement for loss of services during Hurricane Sandy. Herrick obtained dismissal of the complaint on a pre-class certification motion for summary judgment made prior to any discovery, asserting that the class claims as pled failed to satisfy the statutory requisites of a class action. On plaintiffs’ appeal, the Appellate Division, First Department unanimously affirmed.