Fishkin Lucks secured a voluntary dismissal with prejudice today of third-party claims brought against our client, a global provider of products and services to the masonry concrete industries, in the Superior Court of New Jersey (Bergen County). The third-party complaint sought damages under a variety of legal theories predicated on alleged defects in our client’s latex and microsilica modified mortar used for sidewalk repairs. The dismissal was the product of aggressive discovery sought from the third-party plaintiff and was accomplished before our client had to submit to discovery served by other parties.
Fishkin Lucks prevailed today in the Supreme Court of New York (Bronx County). Following hearing, the Court granted the Firm’s motion to dismiss plaintiff’s action alleging that our client, an international banking institution, was negligent and breached various provisions of the Uniform Commercial Code by making payments on checks bearing forged endorsements. We were able to persuade the Court that the “discovery rule” was inapplicable and that the statute of limitations barred all of plaintiff’s claims.
Fishkin Lucks obtained a voluntary dismissal with prejudice today of an action brought in the Supreme Court of New York (Bronx County) alleging that the Firm’s client, a national life insurance company, breached the terms of plaintiff’s insurance policy and violated various provisions of the New York Insurance Law. The Firm responded to plaintiff’s complaint with a motion to dismiss based on plaintiff’s violation of applicable statutes of limitations, and a motion seeking sanctions, prompting the voluntary dismissal.
Fishkin Lucks prevailed today in the Supreme Court of New York (Kings County) (Demarest, J.). The Court granted the Firm’s motion to dismiss all claims alleging that our client, Banco Popular North America (“BPNA”), engaged in a racketeering conspiracy in connection with its financing of a failed $23M real estate project in Brooklyn, New York. The Court agreed that plaintiff had failed to adequately allege that BPNA participated in a racketeering enterprise and dismissed all of plaintiff’s claims with prejudice.
A copy of the Court’s decision can be found here and a copy of a recent Law360 article about this victory can be found here.
Fishkin Lucks prevailed today at an order to show cause hearing in the Supreme Court of New York (Rockland County) over the break-up of a global e-commerce business. Following extensive briefing and a lengthy hearing, the Court entered the Firm’s order to show cause seeking, among other things, the appointment of a temporary receiver, an order of attachment, and an award of sanctions. The Firm’s success at the hearing spurred negotiations leading to a favorable resolution of the matter on behalf of the Firm’s client.
