The Cuddy & Feder litigation team of Joshua Kimerling and Brendan Goodhouse won a motion to dismiss on behalf of a group of former officers and directors of a biotech company in a multimillion-dollar lawsuit in the Southern District of New York. The plaintiff asserted that the individual officers and directors were personally liable for his alleged damages from what he claimed to be a fraudulent transaction. The Court dismissed the plaintiff’s claims against our clients holding that plaintiff had failed to establish the Court’s personal jurisdiction over the officers and directors.
The Cuddy & Feder litigation team of Joshua Kimerling and Brendan Goodhouse recently won an appeal before the New York Appellate Division, Second Department on behalf of a real estate company. After the trial court had vacated a default judgment that had been entered against the defendant, we successfully appealed and overturned that decision. The Appellate Division held that the defendant had not met its burden of establishing a legal basis to overturn the judgment and reinstated the judgment in our client’s favor.
Sometimes, despite all best efforts, litigation is inevitable – disgruntled competitors and others will sue. Cuddy & Feder litigators understand this reality. When the unexpected happens, our litigation team considers all angles to develop a strategy for resolving your litigation in as quick and cost-effective manner as possible based on applicable facts and law. Leanne Shofi and Bill Null recently scored dismissals of two Article 78 challenges to municipal approval of their client’s business. Bill and Leanne successfully argued that the Sierra Club and another party lacked standing to challenge the municipal approvals of their client’s business. While litigation cannot always be avoided, Cuddy & Feder litigators protect your interests in litigation so that you can focus on your company.
In an action pending in the Southern District of New York, which could have significant implications for disputes regarding the reimbursement rights of master servicers in the multi-billion dollar RMBS trust market, the Cuddy & Feder litigation team, led by Andrew Schriever and Brendan Goodhouse, successfully opposed and defeated a motion to dismiss in an action seeking $6.8 million of damages against the master servicer of four related RMBS trusts. The court held that our client MBIA had adequately pled that the trusts’ master servicer, Nationstar Mortgage, had inappropriately withdrew several millions of dollars of trust funds at the ultimate expense of MBIA. Rejecting Nationstar’s contention that the disputed withdrawals were authorized by the contracts governing the trusts, the Court ruled that MBIA’s contract-based claim for $6.8 million could proceed.
Cuddy & Feder Partner, William S. Null, secured Site Plan Approval from the Common Council of the City of White Plains for the construction of a multifamily residential building containing 132 rental apartments designed for independent seniors wishing to live in a hospitality-oriented residential community.