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Case Results

The attorneys at the Westchester County, New York, law firm of Shapiro Gettinger Waldinger & Monteleone, LLP, have decades of experience litigating a wide variety of cases. Below are recent examples of successes we have achieved for our clients.

Community Association Law

Our litigation team’s aggressive defense strategy in filing a pre-answer motion to dismiss proved successful when the Court dismissed the action brought against their clients in a dispute involving members of Condo and HOA Board Members. This case is a reminder that all Condo and HOA Board Members must follow the notice guidelines stated in By-Laws/Declaration when scheduling a board meeting or risk that any action taken at an improperly noticed Board meeting will be invalidated. (Westchester County).  The order is available here.

In an action to foreclosure on a lien for unpaid common charges brought by our HOA client, we successfully defended a unit owner’s challenge to service of process.  Thereafter, the Court issued a money judgment and judgment of foreclosure and sale.  Three days before the scheduled sale, the unit owner sought a TRO staying the sale.  The Court refused to issue a stay after SGWM’s litigation attorneys proactively filed opposition papers and requested argument.  The Court held that the unit owner’s desire to negotiate a payment plan was not a legal basis to stay the foreclosure sale especially in light of the unit owner’s opportunity to do so during the 2 years that the action was pending before a judgment was issued.  (Westchester County).  The order is available here.

Our litigation team’s first virtual trial resulted in a victorious dismissal for our defendant client. Plaintiff, a judgment creditor of a seller of real property sought to set aside a conveyance to our client, claiming it was fraudulent under the New York Debtor and Creditor Law because there was not fair consideration. After successfully arguing against the admissibility of certain tax documents, our motion, at the close of plaintiff’s case, to dismiss the lawsuit was granted because plaintiff failed to meet its burden of proof.

Court dismissed claims for $1 million in damages for fraud and breach of fiduciary duty against clients who were individual members of a condominium board of managers (Westchester County)

In case of first impression interpreting the New York Not-For-Profit Corporation Law, the court ruled in favor of client members of a homeowners’ association who claim damages for years of overpayments (Westchester County)

More information about Community Association Law>

Real Estate Litigation

In two decisions, Appellate Division affirmed the Supreme Court’s denial of motion to dismiss and, later, affirmed summary judgment and $1 million money judgment entered in favor of client landlord against defendant which had agreed but denied its obligation to indemnify the lease obligations of a defunct former commercial tenant (Westchester County)

Appellate Division affirmed Supreme Court’s summary judgment holding that mortgages against the former marital home granted secretly by client’s ex-wife only encumbered the ex-wife’s 50% of the real property (Westchester County)

Negotiated a settlement of a 10-year-old complex mortgage foreclosure action involving client’s property which required client to pay less than 15% of the amount claimed to be owed (Westchester County)

More information about Real Estate Litigation>

Landlord/Tenant

Court dismissed multimillion-dollar damages and punitive damages claims by a commercial tenant against client landlord for fraud and breach of the lease’s covenant of good faith and fair dealing (Westchester County)

Court granted summary judgment upholding client landlord’s termination of commercial lease and ejected tenant from shopping center premises (Westchester County)

Commercial Litigation

Court held that information and documents shared with opposing counsel by client’s former employee were privileged and barred opposing counsel from using the information and documents (Westchester County)

More information about Commercial Litigation>

Trusts And Estates Litigation

In a family dispute, court dismissed claim by siblings against brother for alleged defalcation of estate assets, leading to negotiated settlement and resolution of all issues among them (Westchester County)

More information about Estate Law>

Civil Litigation

The importance for Counsel to be mindful of ethical obligations when taking a case against a former client is highlighted in a recent win for SGW&M’s litigation team Steven E. Waldinger and Heather R. Gushue.  Relying on Rule 1.9(a) of the Rules of Professional Conduct, SGW&M, on behalf of its corporate client, successfully disqualified a law firm from continuing to represent a plaintiff in a matter substantially related to a prior action in which that the law firm had previously represented SGW&M’s client.  (Westchester County).  For more details, you can read the order here.

Appellate Division affirmed an award of legal fees as a sanction against attorney who brought a frivolous proceeding against firm client. (Westchester County)