Representative Matters
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◆ Obtained favorable settlement during trial in Uniform Commercial Code case for payment for delivered raw aluminum.
◆ Successfully settled case alleging fraudulent transfer of millions of dollars of real property; some property was re-deeded to client along with a substantial cash payment.
◆ Obtained winning jury verdict after full jury trial in dispute between business partners.
◆ Obtained 100 percent recovery in contested American Arbitration Association matter involving non-payment for services rendered.
◆ Favorably settled supplier’s action against major retailer for fraud and breach of contract.
◆ Successfully represented commercial insurance company in numerous damage/subrogation claims.
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◆ Represented seller of two buildings to a major developer as part of a full block assembled lot
◆ Represented investment group in purchase of multi-family property
◆ Represented investors in several residential acquisitions.
◆ Served as attorneys in transferring fifteen commercial properties located in three states.
◆ Served as receiver of rental building in Manhattan; managed and sold building pursuant to court orders in LLC dissolution action.
◆ Served as attorneys for managing agent of cooperative apartment building.
◆ Served as litigation counsel and general counsel for many co-op and condominium boards.
◆ Served as transfer agent for several co-op apartment buildings.
◆ Appointed as receiver and counsel to receiver in various foreclosure matters, including a contested foreclosure computation in which we presided over an evidentiary hearing and made recommendations to Court as to amounts due under a building construction mortgage.
◆ Negotiated commercial lease for restaurant space on behalf of landlord.
◆ Negotiated commercial lease for office space on behalf of tenant.
◆ Handled numerous residential closings.
◆ Represented several cooperative corporations in refinancing underlying building mortgages.
◆ Represented claimant of successor lease rights in appeal by housing authority.
◆ Favorably resolved dispute over residential contract deposit held by clients where co-op buyer did not receive board approval due to buyers alleged bad faith application.
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◆ Handled buy-out for withdrawing member of a limited liability company.
◆ Formed numerous new business entities for clients, including corporations, limited liability companies and partnerships.
◆ Drafted operating agreements, shareholder agreements and partnership agreements for new business ventures.
◆ Successfully negotiated severance agreement for executive discharged from employment.
◆ Advised numerous clients on severance negotiations and employment agreements.
◆ Negotiated and drafted numerous buy-out, settlement and other business contracts.
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◆ Successfully recovered property damages in numerous claims and lawsuits from opposing insurance carriers and uninsured parties.
◆ Represented insurance carriers on legal arguments involving subrogation principles such as subrogation waiver disputes, anti-subrogation rule and made-whole doctrine.
◆ Litigated major property damages lawsuits against multiple responsible defendants in building collapse, fire, flood and other property damages cases.
◆ Served as general counsel for insurer on various liability insurance coverage matters and disputes.
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◆ Successfully represented parties in contested divorce proceedings.
◆ Drafted and filed numerous uncontested divorce actions.
◆ Negotiated and drafted several prenuptial agreements for couples with complex financial interests.
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◆ Drafted several prenuptial agreements for couples getting married.
◆ Litigated several breakup matters where parties were not married.
◆ Negotiated several settlements between same sex couples who held joint business and real property interests, and drafted all necessary settlement documents.
◆ Obtained what is believed to be the first New York State divorce judgment for a lesbian couple married in Canada (uncontested matter), and obtained several divorce judgments for couples married in other jurisdictions.
◆ Obtained favorable verdict after full trial in first lesbian property dispute known to go to trial.
◆ Drafted partnership agreements for several same sex couples to protect joint investments and to set forth mutual obligations and understandings.
◆ Represented several petitioners in second parent adoption proceedings.
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◆ Handled dispute over life insurance proceeds for a long-time beneficiary who had been removed shortly before death of insured.
◆ Drafted numerous wills, living wills and health care proxies.
◆ Probated estates in New York and Kings County Surrogates Court.
Reported Decisions
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◆ Matter of Sands v. Sands, 174 A.D. 3d 628, 101 N.Y.S. 3d 877 (2d Dept 2019) [grandparent visitation case]
◆ Matter of Montes v. Sands, 174 A.D. 3d 616, 101 N.Y.S. 3d 883 (2d Dept 2019) [step-grandparent visitation case]
◆ Seneca Ins. Co., Inc. v. JFR Constr.Corp., 178 A.D. 3d 504, 111 N.Y.S. 3d 851 (1st Dept 2019)
◆ Dee v. Rakower, 112 A.D. 3d 204, 976 N.Y.S. 2d 470 (2d Dept 2013) [gay breakup]
◆ Metro. Life Ins. Co. v. Bradway, 2011 U.S. Dist. LEXIS 20538 (S.D.N.Y. 2011) [interpleader action brought by insurance carrier to determine rightful beneficiary of life insurance proceeds]
◆ Deskovic v. City of Peekskill, 2009 U.S. Dist. LEXIS 71911 (S.D.N.Y. 2009) [allegation by wrongfully convicted party that his prior counsel was liable for wrongful conviction]
◆ Matter of Roman v. NYC Hous. Auth., 63 A.D. 3d 845, 881 N.Y.S. 2d 451 (2d Dept 20090 [public housing succession rights]
◆ Matter of Edwards v. Wachtell, Lipton, 46 A.D. 3d 972, 847 N.Y.S. 2d 270 (3d Dept. 2007) [workers compensation appeal]
◆ Matter of Feliciano v. Copstat Sec. Corp., 29 A.D. 3d 1243, 816 N.Y.S. 2d 219 (3d Dept. 2006), 2006 NY Slip Op 4133 (N.Y. App. Div. 2006) [workers compensation appeal]
◆ Sokol v. Ventures Edu. Sys. Corp., 10 Misc.3d 1055A, 809 N.Y.S.2d 484 (S. Ct. N.Y. Co. 2005), app. withdrawn 2005 N.Y. App. Div. LEXIS 13166 (N.Y. App. Div. 1st Dept. 2005) [corporate dissolution case]
◆ Sicari v. J.C. Penney Corp., 2005 U.S. Dist. LEXIS 33126 (S.D.N.Y. 2005) [commercial suit for fraud, unjust enrichment and promissory estoppel]
◆ Cytron v. Malinowitz, 831 N.Y.S. 2d 347 (S. Ct. Kings Co. 2006); 2006 NY Slip Op 51899U (N.Y. Misc. 2006) [gay break-up case]
◆ Cytron v. Malinowitz, 1 Misc. 3d 907A, 781 N.Y.S. 2d 623 (S. Ct. Kings Co. 2003) [gay breakup case]
◆ Cowle v. PaineWebber, Inc., 43 Fed.R.Serv. 3d (Callaghan) 956, 1999 U.S. Dist. LEXIS 4702 (S.D.N.Y. 1999) [commercial NASD arbitration]
◆ Feiwus v. Genpar, Inc., 43 F. Supp. 2d 289, 1999 U.S. Dist. LEXIS 4580 (E.D.N.Y. 1999) [corporate dissolution matter]
◆ Feiwus v. Genpar, Inc., 43 F. Supp. 2d 289, 1999 U.S. Dist. LEXIS 4755 (E.D.N.Y. 1999) [corporate dissolution matter]
◆ Zatz v. Moscovici, 258 A.D.2d 850, 668 N.Y.S. 2d 167 (3d Dept. 1999) [workers compensation appeal]
◆ Weissman v. Bondy & Schloss, 230 A.D.2d 465, 660 N.Y.S 2d 115 (1st Dept. 1997) [appeal upholding stipulation of settlement in contested estate litigation]
◆ Appletiser S. Afr. v. Bank Leumi Trust Co., 1997 U.S. Dist. LEXIS 769 (S.D.N.Y. 1997) [Uniform Commercial Code case]
◆ Appletiser S. Afr. v. Bank Leumi Trust Co., 1995 U.S. Dist. LEXIS 8821 (S.D.N.Y. 1995) [Uniform Commercial Code case]
◆ In re Kelly, 135 B.R. 459 (Bankr. S.D.N.Y. 1992) [bankruptcy trustee challenge to discharge]
◆ In addition, Michele was co-counsel to Plaintiffs in one of the first trials televised on Court TV: East Coast Novelty Co. v. City of New York, 781 F. Supp. 999 (S.D.N.Y. 1992) [due process claim against City for destruction of seized property]