Defending film financing company against claims brought in the United States. Herrick is working closely with Canadian counsel to navigate issues of Canadian, New York and Federal law in this complex, cross-border litigation. This matter is ongoing.
Represent a global real estate brokerage firm in a breach of contract dispute. In this matter, the brokerage firm contracted to the be the exclusive agent in the sale of multiple properties in New York City. Herrick’s client brought an action in the Supreme Court of the State of New York when the defendants failed to pay the requisite commissions due under the agreement. As a result, the Court granted the client's motion for summary judgement and ordered a judgment in favor of the brokerage firm for the full amount owed. This litigation remains ongoing.
Successfully defended the developers of a $320 million Brooklyn Bridge Park hotel and condominium project, defeating two lawsuits filed by activists seeking to halt construction of the project. In a decision of significance to the New York real estate industry, Herrick secured an order in New York state court denying plaintiffs’ motions for both an injunction and a declaratory judgment that the planned buildings exceeded height limitations specified in the project’s governing documents. The court found that the development complied with the law and further ruled the legal challenge barred by the statute of limitations for bringing an Article 78 proceeding. Herrick then defeated a second lawsuit claiming to assert a different land use violation, securing dismissal of the complaint on the grounds of failure to exhaust administrative remedies, statute of limitations and res judicata. Herrick continues to represent the clients on the plaintiffs’ appeal.
Herrick negotiated a favorable settlement on behalf of a managing agent and its principals, resolving contentious litigation in New York state court between partners in a venture to develop and lease a medical office building. Prior to reaching the settlement, Herrick secured a number of advantageous rulings - including pre-trial dismissal of claims for breach of fiduciary duty, corporate waste and an accounting - which positioned our clients well in the negotiations that ultimately led to the partnership’s sale of its leasehold interest in the property on favorable terms, a transaction on which Herrick also advised.
Successful defense of a luxury real estate brokerage firm in an action alleging discrimination based on sexual orientation and marital status in violation of New York State and City Human Rights Laws. Herrick secured the complete dismissal of the complaint in the trial court, and then successfully defended the ruling on plaintiffs’ appeal to the Appellate Division, First Department which upheld the dismissal, finding the plaintiffs had no cognizable claims against our clients who had sought to facilitate, not prevent, plaintiffs’ purchase of a cooperative apartment.
Secured a ruling in Kings County Supreme Court on behalf of a garment manufacturer and certain affiliated individuals and entities that dismissed several causes of action in a purported shareholder derivative suit. Among the claims asserted was the allegation that a competing entity had been used by certain defendants to usurp business opportunities, and that ownership of a company facility had been fraudulently transferred to a charitable trust and foundation. The court granted our motion to dismiss the claim for a constructive trust over either the alleged competing entity or the foundation; an unjust enrichment claim against the charitable trust and foundation defendants; and a claim of rescission of the alleged fraudulent transfer of the facility, which the court found was time-barred.
Defending a private school and affiliated religious institution in litigation with a general contractor who formerly oversaw a significant renovation at the school’s Upper East Side facility during which a fire occurred, resulting in millions of dollars in damages. In addition to defending the client from breach of contract counterclaims in ongoing litigation alleging that the fire was caused by the contractor’s negligence, Herrick successfully argued that a separate breach of contract action filed by the contractor was duplicative and harassing, securing an order from the bench dismissing the contractor’s complaint in its entirety.
Represented a significant stakeholder in 16 LLCs which own and manage a portfolio of Manhattan properties in pursuing breach of fiduciary duty and fraudulent inducement claims, as well as derivative claims for waste, conversion and unjust enrichment against the managing member.
Represented a real estate developer in litigation with the seller of a Midtown Manhattan property over the return of the client’s multimillion dollar down payment on the property after the seller materially breached a contract of sale between the parties by failing to cure violations at the property as required, refusing to allow our client access to the property in violation of the agreement, and improperly noticing a “time of the essence” closing. The dispute was resolved favorably under a settlement that recovered significant damages for the client.
Represented a U.S. commercial bank in connection with securing the dismissal of the majority of claims against it that were filed by a former executive of the bank over age discrimination allegations.
Negotiated a favorable settlement on behalf of a national electricity services provider to resolve a putative class action filed in New Jersey federal court by a plaintiff alleging violations of the Telephone Consumer Protection Act (TCPA).
Represented the US-based subsidiary of a Brazilian investment firm as defendant, counter-claimant and third-party plaintiff in litigation with the architect and design firm that formerly oversaw renovations at a midtown Manhattan office building owned by the client. The dispute was ultimately settled favorably, dismissing all claims against the client without payment or other obligation while recovering a significant sum on the client’s behalf.
