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Robin S. Abramowitz and Stefania Boscarolli, as Counsel for Plaintiff, Prevailed on a Summary Judgment Motion in a fraudulent Conveyance Action Brought Against Principals of the Dissolved Corporation

Robin S. Abramowitz, a partner and co-chair of the Firm’s litigation practice group, and Stefania Boscarolli, an associate in the Firm’s litigation practice group, prevailed in an action commenced to set aside fraudulent conveyances of money that was due to a corporate new home builder. Rather than disburse the money paid at closing to the corporate seller, the money was conveyed to, for the benefit of the Corporation, the principals of the corporation.  The corporation was then dissolved within six months of closing notwithstanding that the New Home Warranty mandated by article 36-B of the General Business Law remained in effect for up to a period of six (6) years.  A prior money judgment was obtained as against the dissolved corporation. The court found the principals liable under the various sections of the former Debtor & Creditor Law for the fraudulent conveyance of the corporation’s assets.

Giuseppe Franzella, as Appellate Counsel for the Plaintiff-Respondent, Successfully Argued and Obtained Order Affirming Trial Court Decision Holding that Landlord Successfully Terminated Commercial Lease

Giuseppe Franzella, a partner in the firm’s commercial litigation practice group, as appellate counsel for the plaintiff-respondent, successfully argued before the Appellate Division, Second Department and obtained an order affirming a trial court decision holding that plaintiff landlord successfully terminated defendant-appellant’s commercial lease. In Noamex, Inc. v. Domsey Worldwide, Ltd., __ N.Y.S.3d ___, 2021 WL 900842 (2d Dept. March 10, 2021), the court agreed that the commercial landlord properly effectuated the early termination of its commercial lease of warehouse. The court also found that plaintiff-respondent was entitled to recover damages as a result of defendant-appellant wrongfully holding over in the leased premises for over two years.

Appellate Attorneys Obtain Reinstatement of Case Challenging Use of East Hampton Agricultural Easement as Private Right-of-Way

Firm attorneys David Lazer and Zachary Murdock, as appellate counsel for the plaintiff-appellant, obtained a reversal from the Appellate Division, Second Department of an order dismissing a subdivision lot owner’s complaint challenging another lot owner’s claim of right to route its proposed horse farm’s traffic over the plaintiff’s lot to a public road under terms of an agricultural easement granted to East Hampton Town. In Strong Real Estate, LLC v. 55 Town Line, LLC, ___ A.D.3d ___, 2021 WL 799836 (2d Dep’t March 3, 2021), an appeal argued by Mr. Murdock, the court agreed that a right reserved in the agricultural easement grant for the owner of the main defendant’s lot to enter other lots’ easement areas “for the sole purpose of engaging in agricultural activities and any use incidental thereto” failed to establish conclusively such owner’s right to use its neighbors’ easement areas as a thoroughfare incidental to agricultural activities outside that easement area. The court emphasized that the extent of an easement claimed under a grant is generally limited by the grant’s language.