Business Litigation

Building 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:

• Robert Cohn Associates v. Kosich, 63 AD3d 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 tortious interference with contract.
  Whiteman Osterman & Hanna v. Albany Troy Neurosurgical, __Misc3d ___ ( Alb. Cty 2009)
  • Awarded attorneys fees in representing a medical practice under various theories and dismissed malpractice and breach of duty counterclaim.
  Conway v. Waddell, __ Misc3d. ___ (Alb. Cty 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.
• Salvador v. Uncle Sam's Auctions & Realty, 307 AD 2d 609 & 20 AD 3d 861 (3rd Dept. 2006)
  • Affirmed real estate broker/auctioneer's conduct and entitlement to commissions and attorneys' fees.
• Pfeil v. Cappiello, 29 AD 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.
• Venture Silicones v. General Electric Company, 14 AD 3d 924 (3rd Dept. 2005)
  • Affirmed holding that Plaintiff had properly pled a quasi contract claim in the face of a non-binding letter of intent.
• Kramer v. Schloss, 92 Fed. Appx. 815 (2d Cir. 2004)
  • Reversed the dismissal of a claim alleging fraud and breach of fiduciary duty relating to the sale of a minority shareholder's intent to the majority shareholder.