2014 New York Court of Appeals Victory for Capital One N.A. On May 8, 2014, Herrick, Feinstein LLP won a significant New York Court of Appeals case on behalf of Capital One N.A. The case, which could have a major impact on the banking industry, involved New York's Uniform Commercial Code rule 4-406, which governs a bank customer's duty to discover and report unauthorized signatures or alterations.
2013 Landlords and Managing Agents - Dismissal of Hurricane Sandy Class Action Representing three defendant/owner-landlords and five defendant managing agents of rental properties, located in downtown Manhattan, in a putative bi-lateral class action brought by three plaintiffs seeking rent reimbursement for loss of electricity and other services during Hurricane Sandy. Plaintiffs purported to represent a class of all similarly situated tenants in the State of New York against our clients, who were sued individually and as named representatives for a putative defendant class of all similarly situated landlords and managing agents in the State of New York. We successfully 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.