Board of Managers – Construction Defect Litigation with Sponsor

Representing the Board of Managers of a two-building condominium in Brooklyn Heights in a dispute with the building’s sponsor over a myriad of alleged constructions defects and instances of non-compliance with the offering plan.

Financial Institution – Estate Litigation

Representation of a major financial institution acting as executor of $400 million estate in judicial accounting litigation.

Trustees – Estate Litigation

Representing the Trustees of a substantial estate in will contest litigation arising from the adoption of adult children by certain beneficiaries and involving separate actions filed in New York Surrogate's and Texas state court.

Owner of Southampton Private Residence – Dispute with General Contractor

Representing the owner of a newly constructed private residence in Southampton, NY in an arbitration before the American Arbitration Association arising from a general contractor's claim for $1.4 million in damages for alleged non-payment of labor and materials. In addition to claims that the contractor's mismanagement caused significant damage to our client, we are also pursuing over $2 million in liquidated damages under the construction agreement between the parties.

Property Management Firm – Motion to Intervene and Vacate $2.3 Million Default Judgment

Representing a high profile property management firm and one of its executives in litigation related to a $2.3 million default judgment obtained against a company formerly owned by the firm coupled with allegations that our clients fraudulently transferred ownership of the business in order to avoid liability. Our motion to intervene in the underlying action and vacate the default judgment was granted by the trial court, but later overturned on appeal. The Court of Appeals, New York State's highest court, has since agreed to review our case.

Construction Litigation – Dispute with General Contractor and Subcontractors

Representing a leading manufacturer and retailer of window coverings in litigation with the general contractor and various third-party defendant subcontractors in a dispute over payment for work done on a multimillion dollar building project in New Jersey.

Dispute with Former Property Manager – Allegations of Fraud and Self-Dealing

Represented the property owner of four valuable Manhattan buildings in an action filed in New York state court against our client's former property manager with damage claims in excess of $5 million. The dispute, which involved allegations of fraudulent and bad-faith conduct that included self-dealing, comingling of funds, and the misrepresentation of material information, was resolved favorably for the client following Herrick's successful opposition to motions to dismiss, strike allegations in the complaint, and for summary judgment.

Brazilian Investment Firm – Construction Dispute

Representing the US-based subsidiary of a Brazilian investment firm in a construction litigation dispute with the architect and design firm that formerly oversaw renovations at a 12-story midtown Manhattan office building owned by our client.

Private School – Dispute with General Contractor

Representing a private school on Manhattan's Upper Eastside in litigation with former general contractor and subcontractors in a dispute claiming $15 million in damages related to a fire occurring during a significant renovation project due to the alleged negligence of the defendants.

Investment Bank – Alleged Breach of Exclusive Agency Agreement

Representing a New York-based investment bank in litigation with a German oil and gas company alleged to have breached an exclusive agency agreement in connection with a $325 million capital raise.

Upper Eastside Co-op Owner – Construction Litigation Dispute with Former Contractor and Architect

Representing plaintiffs in a construction litigation dispute with their former contractor and architect involving claims for breach of contract, fraud and professional malpractice in connection with the multimillion dollar renovation of an Upper Eastside apartment.

Lelands – Roberto Clemente Baseball Card Collection

Represented Lelands in pursuing monetary damages in a breach of contract action concerning the sale by a collector of a half-million dollar Roberto Clemente baseball card collection.

Lelands – NFL Championship Ring

Represented Lelands in litigation filed in New York federal court by former NFL player Jim Brown regarding the recovery of a 1964 NFL championship ring alleged to have been stolen.

Real Estate Investment Firm – Motion to Quash Granted

Herrick successfully quashed a subpoena served on a prominent real estate investment firm by certain defendants in a Southern District of New York bankruptcy proceeding on a fishing expedition seeking information for use in a separate, pending lawsuit unrelated to the bankruptcy. Complying with an extremely tight briefing schedule, Herrick successfully argued the motion to quash - quickly thwarting the defendants' gamesmanship.

Consumer Products Manufacturer – All Claims Dismissed in Bankruptcy Adversary Proceeding

Successfully defended a multinational consumer products company in a New York federal bankruptcy action filed by a public relations and marketing firm asserting breach of contract, quantum meruit and promissory estoppel claims stemming from the termination of service agreements between the parties. Herrick obtained pre-trial rulings denying the plaintiff’s motion for summary judgment on the pleadings and dismissing a claim for defamation by inference. Following a bench trial on the merits, the remaining 12 claims against our client were dismissed in a judgment that also awarded substantial damages on our client’s counterclaim.

Real Estate Developer – Fraud Litigation

Representation of developer in defending fraud claims by investor in New York State Supreme Court. All claims dismissed on pre-answer motion. Dismissal was unanimously affirmed by the appellate court, with costs.

New York Attorney – Successful Defense of Malpractice Claims

Successful defense of a prominent New York City attorney against malpractice claims related to the plaintiff's participation in a written agreement to provide for the funding of loans in the New York City taxicab industry. This dispute had progressed to a jury trial when the parties entered into a settlement in which the plaintiff voluntarily dismissed the action and agreed to pay all trial costs.

Hotel Developer – Construction Litigation

Representation of New York City Hotel developer in construction litigation against general contractor.

Judgment Debtor – Fraudulent Conveyance Litigation

Representation of judgment debtor defending multiple actions under Debtor and Creditor Law in New York State Supreme Court.

Real Estate Litigation – Breach of Debt Obligations and Fraudulent Conveyance

Representation of real estate developers in litigation with a former investor alleged to have induced our clients into arranging and guaranteeing a loan based on false financial statements. After defaulting on the loan, the investor is alleged to have fraudulently transferred assets in an attempt to avoid liability. This litigation was ultimately settled on favorable terms to our client and voluntarily dismissed.

Trucking Company – Contract Termination/TRO

Representation of Trucking Company in contract termination litigation in U.S. District Court with contract partner/wholesaler attempting to terminate for breach of contract. After hearing, obtained a preliminary injunction preventing termination.

Construction Management Company – Wrongful Termination

Representation of a construction management company in a dispute with NYU Hospitals Center regarding the termination of a multi-million dollar renovation contract. After a trial in Federal Bankruptcy Court, the court held in favor of our client on all counts, entitling them to payment of its outstanding requisitions and dismissal of all claims against them.

Distressed Debt Investor – Mezzanine Loan Foreclosure

Representation of a distressed debt investor in foreclosing and conducting UCC secured party sale of portfolio of mezzanine loans securing repo line of credit obligations. One of the mezzanine loan borrowers sought to enjoin the sale; we defeated the TRO application and conducted the sale successfully over the borrower's objection.

Joint Venture Partner – $40 Million Construction Agreement Dispute

Represented a joint venture in connection with disputes arising out of DEP construction agreements worth in excess of $40 million.

Law Firm Partner – Profits Dispute

Representation of a partner in a law firm against the firm in an arbitration concerning unpaid profits. A 15-day trial resulted in an award to our client of nearly $500,000.

Developer – Discrimination Claim

Representation of a real estate developer and general contractor in an action by a minority subcontractor pursuing multi-million dollar discrimination and breach of contract claims. All claims were dismissed after a two week jury trial in the United States District Court for the Southern District of New York.

Mezzanine Lender – Term Sheet Breach

Representation of a mezzanine lender in an action in New York State Supreme Court against a borrower for breach of a term sheet. The court granted our motion for summary judgment and awarded damages.

General Contractor – Lien Foreclosure

Representation of a general contractor in a lien foreclosure action against the Metropolitan Transit Authority and the owner of 2 Broadway, New York, the MTA's headquarters. After a trial on the merits, the New York State Supreme Court awarded our client damages in excess of $1 million.