Mirvish v. Mott, 901 N.Y.S.2d 603, 2010 WL 2104543 (1st Dept. May 27, 2010) In May 2010, RLR won an appeal in the noteworthy case Mirvish v. Mott, 901 N.Y.S.2d 603, 2010 WL 2104543 (1st Dept. May 27, 2010), involving issues of ownership and statute of limitations regarding The Cry, a valuable work of art by the renowned 20th century sculptor Jacques Lipchitz. In reversing a decision by the New York County Surrogate's Court, the Appellate Division, First Department, held that the claims brought by the Canadian art collector David Mirvish against the RLR's client, the executor of the Estate of Yulla H. Lipchitz, were time barred. The Court also reversed the Surrogate Court's ruling that Mirvish had become the owner of The Cry by virtue of an alleged "deed of gift" executed by Ms. Lipchitz. See decision. Magnoni v. Smith & Laquercia LLP, ___ F.Supp.2d ___, 2010 WL 1253178 (S.D.N.Y. March 22, 2010) RLR successfully represented an employer (a law firm) during a two-day bench trial in federal court, defeating the plaintiff's claims for unpaid overtime compensation under the Fair Labor Standards Act and claims of a hostile work environment and sexual harassment under the New York City Human Rights Law. In a "he said-she said" case that depended heavily on competing credibility determinations, RLR undermined the credibility of the plaintiff's testimony by highlighting its inconsistencies and contradictions. The Court stated: "In addition to the logical flaws, inconsistencies and bias in [the plaintiff's] testimony described below, the Court also took into account [plaintiff's] demeanor in the courtroom and other linguistic and logical twists on display during her lengthy testimony." See decision. Securities and Exchange Commission v. Gryphon Holdings, Inc. 10 Civ. 1742 (U.S District Court for the Eastern District of New York). RLR successfully represented intervening party Complete Merchant Solutions, LLC ("CMS") who successfully intervened in the action brought by the SEC and obtained a modification of the temporary restraining order freezing all of Defendants' assets. The modification of the TRO permitted CMS to continue to seek and obtain recovery from Defendants' assets of amounts owed under a credit card services agreement. Allied Environmental Group, Inc. v. Samson Const. Co., 36 A.D.3d 521, 828 N.Y.S.2d 57 (1st Dept. 2007) In this construction/breach of contract action, RLR, representing Allied Environmental Group, Inc., then a division of Clean Earth, Inc., successfully defended an appeal by the defendant contractor from a decision in Allied's favor in the trial court. The Appellate Division, First Department unanimously held that disputed issues of fact prevented the contractor from prevailing on its statute of limitations argument as well as its argument that certain release that Allied had signed to obtain progress payments precluded Allied's claims. Shortly thereafter, in the trial court, Allied prevailed on its motion for partial summary judgment, establishing the contractor's liability, and the case settled shortly thereafter. See decision. Burlington Packaging, Inc. v. Extra Packaging, Inc., 08 Civ. 1515 (U.S. District Court for the Eastern District of New York). RLR represented plaintiff in a contract action to recover commission payments due under a distribution and sales agreement and negotiated a favorable settlement that provided that the Court would retain continuing supervisory jurisdiction of parties' performance of settlement agreement during the parties' continuing commercial relationship. Mann v. Broadwall Management of Apthorp LLC et al. RLR represented ownership/condominium sponsor and affiliates in settling disputes among ownership group of the Apthorp building, purchased in 2007 for more than $470 million, and in connection with the settlement of litigation and work-out of senior and mezzanine loans of approximately $535 million. First Montauk Financial Corp. et al. v. Edward Okun, et al. RLR was counsel for a securities brokerage firm and its principals in a multi-district federal and state court litigation to unwind and thwart unwanted takeover of company by investor, who was subsequently convicted of criminal charges stemming from his scheme to defraud and obtain approximately $126 million in client funds held by various companies that he had acquired in the business of serving as qualified intermediaries in tax free, like kind real estate transactions. Gareware Polyester, Ltd. V. Intermax Trading Corp., et al. RLR represented a U.S.-based exclusive sales agent of an Indian manufacturer in successfully defeating summary judgment where a sales agent claimed that manufacturer wrongfully set about to steal the franchise using predatory and unfair anti-competitive business practices. Media Art, Inc. v. Alexandria Investment Inc. RLR represented real estate investors/borrowers in multi-district litigation over disputed ownership of multi-million dollar real estate rights and alleged defaults under various loan and security agreements. In re Ciao Cucina Corp. (v. Glazier Group, Inc.) 92 Fed.Appx. 213, 2004 WL 261005 (6th Cir. 2004) RLR obtained summary judgment, affirmed on appeal by the Sixth Circuit Court of Appeals, dismissing claims by bankrupt restaurant company against a restaurant/catering management company that it was obligated to proceed with purchase of restaurant assets and acquire a restaurant lease from the debtor/seller. Lipman v. Ionescu, 49 A.D.3d 458, 860 N.Y.S.2d 11 (1st Dept. 2008) In a slander action, RLR represented the plaintiff and successfully obtained the reversal of a decision by the trial court that dismissed the plaintiff's complaint. Following RLR's argument in briefs and oral argument, a unanimous panel of the Appellate Division, First Department, held that, "In the context of informing parents of two- and three-year-olds that the children's teacher has been terminated, defendant's statements were reasonably susceptible to a defamatory meaning and slanderous per se because they directly implied that plaintiff had done something so egregious that it made her unfit to practice her profession even one more day." See decision.