Business Litigation

Business Litigation

Business Litigation AlbanyBuilding on years of experience in the area of Business Litigation, Albany law firm Ganz Wolkenbreit & Siegfeld LLP represents a wide range of local, regional and national clients in State and Federal Courts and in alternative dispute resolution forums. The issues which are raised by these cases range from straightforward accounts receivable collection to complex breach of fiduciary duty and fraud claims and employment related disputes (including discrimination and restrictive covenant matters).

The Firm’s philosophy when representing either plaintiffs or defendants is to present a case based on thorough research, creative strategic approaches and zealous advocacy, but with the clear understanding that our clients want a reasonable resolution, not a protracted dispute. The Firm engages in an extensive appellate practice and has a notable litigation achievement record including:

    • Darwin ( Huck) Spaulding Living Trust v. Carl, 2014 Bankr LEXIS 3708 (NDNY 2014)
      • A bankruptcy discharge is denied, after trial, due to a fraudulent transfer of an interest in real property to a spouse, the hiding of an ownership interest in a new business venture titled in the spouse’s name utilizing debtor’s funds and labor and the failure to disclose those transactions and an inheritance in the bankruptcy petition and schedules.
    • Drake v. Friedenthal, 108 A.D.3d 910 (3rd Dept. 2013)
      • Appellate Court affirmed the grant of summary judgment dismissing a claim for specific performance and the cancellation of a notice of pendency (2012 NY Misc. LEXIS 3883) in a commercial real estate dispute
    • Pritchard v. Curtis, 95 A.D.3d 1379 (3rd Dept. 2012); 101 A.D.3d 1052 (3rd Dept. 2012)
      • Initially affirmed the grant of summary judgment establishing fraudulent conveyances and awarding commercial foreclosure. In the second Appellate decision, the Court sustained the validity of the foreclosure proceedings against claims of fraud and forgery and improper processes (cited thereafter 33 times).
    • Miner v. Town of Duanesburg Planning Board, 98 A.D.3d 812 (3rd Dept. 2012) (leave to appeal denied 20 N.Y. 3d 853 [2012])
      • Affirmed the dismissal of an Article 78 proceeding challenging the issuance of a special use permit and negative SEQRA declaration relating to the placement of a propane storage facility. Petitioners had not sought injunctive relief during the construction process and thus laches barred the request to deny the use of the property.
    • Matter of Northeast Heating Cooling Refrig. Co., Inc. v. Potter, 40 Misc3d 1242(A) (Albany Supreme Court 2013)
      • Successfully prosecuted claim under CPLR 5225 for turnover of funds held in trust following residential construction dispute.
    • Atlantic Am. Fire Equipment Co. v. John V. Warren, Inc., 2012 NY Misc. LEXIS 228 (Albany Supreme Court 2012)
      • Summary judgment obtained on a collection case for the sale of fire suppressant materials.
    • Byrne & Storm, PC v. Roy Handel, et al, 2013 U.S. Dist. LEXIS 78708 (N.D.N.Y. 2013)

      • Summary judgment motion granted, in part, to dismiss various counterclaims, including for legal malpractice, in a case involving the collection of $250,000 in attorneys’ fees in the underlying land dispute representation.

      Long Oil Heat, Inc. v. Polsinelli d/b/a L&A Automotive Center _____ Misc3d _____ (Schenectady Supreme Court August 19, 2013)

      • In a decision after a non-jury trial, Plaintiff was found to have established an account stated and breach of contract claim relating to fuel oil deliveries without a signed writing.

  • Houston v. Manheim, 2011 U.S. Dist. LEXIS 27066 (S.D.N.Y. 2011 aff’d 2012 U.S. Appl. LEXIS 7249 (2nd Cir. 20120)
    • Successful defense of a race and age discrimination claim as well as a retaliation claim. Summary judgment awarded to employer.
  • Driscoll v. Goldman, ____ Misc3d ____ (Rensselaer County Supreme Court 2012)
    • Collection of CPA fee. Summary judgment awarded, and defenses including claimed malpractice rejected.
  • Female Academy of the Sacred Heart v. Doane Stuart School, 91 A.D.3d 1254 (3rd Dept. 2012)
    • Eliminated as legally insufficient affirmative defenses relating to the binding nature of preliminary agreements and the standing of a tenant to challenge a non-profit’s ability to enter into a lease without court approval.
  • Rood v. Dart, ____ Misc3d ____ (Greene County Sur. Ct. 2011)
    • Defeated a statute of limitations defense to a claim of fiduciary duty arising form the abuse of a power of attorney provided to a grandson which he used to enrich himself and leave the estate with no assets.
  • Robert Cohn Associates v. Kosich, 63 A.D.3d 1388 (3rd Dept 2009)
    • Affirmed real estate broker’s commission against claimed defenses of right to unilateral termination of listing, lack of agreement on essential terms and breach of fiduciary duty
  • Catskill Assoc. v. Benza, __ F.Supp.2d ___, 2009 U.S. Dist. LEXIS 38886 (NDNY 2009)
    • Dismissed, in a commercial real estate deposit dispute, a Seller’s counterclaim for tortuous interference with contract.
  • Conway v. Waddell, __ Misc3d. ___(Albany County 2009)
    • Found seller of business in contempt for failing to honor a preliminary injunction obtained based on breach of restrictive covenant contained in an asset sale agreement.
  • Pfeil v. Cappiello, 29 A.D.3d 1187 (3rd Dept. 2006)
    • Upheld statute of frauds defense on a right of first refusal agreement relating to real estate.
  • New Jersey v. Visara International, 166 Fed. Appx. 639 (3rd Cir. 2006)
    • Affirmed the dismissal of $10 million dollar claim based upon the res judicata impact of a confirmed Chapter 11 bankruptcy plan on subsequent action.