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Our Successful Cases
Below are
summaries of cases that this law office handled in the past:
Polasky v. Williams*
(Supreme Court of New York, Nassau County)
Mr.
Polasky, a world-renown dealer of sports memorabilia, sold
a rare-and-valuable 1938 “Horrors of War” card set to
a multi-millionaire collector, Mr. Williams, for
$700,000.00. To effectuate the deal, the parties
drafted their own "home-made" contract and
exchanged post-dated checks.
Mr. Williams then took the card set home.
Months later, Mr. Williams canceled the post-dated
checks and had his attorney write a letter stating that
the he wished to return the card set because the sale was
"conditional."
Mr. Polasky retained this firm to bring suit for
full payment. In
doing so, our law firm filed a summons and notice of
motion for summary judgment, which is an expedited
procedure that, if successful, allows a plaintiff to win a
case without incurring the time and expenses of going to
trial or even conducting discovery. The result: The Supreme
Court of New York, Nassau County (Justice Ira B.
Warshawsky) granted the motion and awarded our client a
judgment for nearly three-quarters of a million dollars
after interest and costs were added.
Arlington v. Intereagle Tech, Inc.*
(Supreme Court of New York, New York County)
Intereagle failed to pay several of its executive employees
back wages and benefits. It also misappropriated money that the
employees invested in the company. The employees, collectively,
retained the law firm of Peter M. Agulnick, P.C., to commence a
lawsuit. The
result: Well before trial, we obtained a settlement
exceeding a quarter-million dollars for our clients.
Wellston v. Chung-Fuey
Group, Ltd.* (Supreme Court of New York, New York
County)
Ms. Wellston, a Georgia resident, obtained a seven-figure default
judgment against a Chinese corporation for a products-liability
lawsuit. After being unable to enforce the default
judgment in Georgia, Ms. Wellston's Georgia attorneys retained our
office as "co-counsel" to domesticate and
enforce the default judgment in New York. The Chinese
company, which was represented by a well-known "big
firm," strenuously opposed the action to domesticate
the default judgment in New York -- but lost.
Subsequently, we served restraining notices on certain Chinese
banks with offices in Manhattan that purportedly held some
of the Chinese company's money. The
result: The Chinese company agreed to a million-dollar settlement.
Shmender v. Ciello*
(Supreme Court of New York, New York County)
The estate of an eccentric New York real-estate
billionaire sued Mr. Ciello, whom we defended, for various
business torts. The suit sought, among other things,
a preliminary injunction and $10 million in money
damages. The
result: After we defeated Shmender's motion for a preliminary
injunction, the case was settled and discontinued without
our client, Mr. Shmender, paying a penny.
Westworth, et
al. v. Gonif-Mills Corp.*
(Supreme Court of New York, New York County)
Our firm represented two plaintiffs who obtained a judgment
in a different state against Gonif-Mills. Having no
luck enforcing their judgment in their home state, the judgment
creditors retained the law firm of Peter M. Agulnick, P.C. to enforce
the judgment in New York State. After domesticating the judgment
in New York, research unearthed that a well-known, multi-national corporation periodically paid
Gonif-Mills large sums of money,
which quickly "disappeared" after being sent. In response, we
served a restraining notice and information subpoena on
the multi-national corporation thereby freezing
the payments to Gonif-Mills. The result: Goinif-Mills quickly agreed to a
six-figure settlement.
Chong v. Arisbrown Spa & Nails, Inc.*
(Supreme Court of New York, Westchester County)
Our office represented a businessman defrauded out of an
investment in a local nail-salon business. The result:
After extensive litigation -- and fear of losing a summary-judgment
motion -- the defendants paid our client a settlement in excess of
six-figures. Interestingly, the settlement our client obtained
was actually greater than the amount of money out of which he had been
defrauded.
Liberty Insurance Company v.
Brown* (Civil Court of the City of New York, New York County)
Liberty Insurance sued its insurance policy holder, Ms. Brown, whom we
defended. Liberty Insurance's lawsuit sought the return of a
large insurance payment made to Ms. Brown after a fire
caused damage to her house. After making the payment, Liberty Insurance claimed our
client committed arson. The result:
Before trial, the court granted our motion for summary judgment and
dismissed the entire lawsuit against Ms. Brown.
Gadol Capital Group v.
LN Sports Corp.* (Arbitration with the American
Arbitration Association)
Gadol Capital Group provided LN Sports Corp. with
investment- and business-advisory services for several
months for which it was not paid. Because the
parties' contract required arbitration in the event of a
dispute, our law firm represented Gadol Capital Group in
an arbitration hearing with the American Arbitration
Association. The result: After
the arbitration hearing, the arbitrator awarded our client
95% of the damages we requested. After the
arbitration, our office brought a special proceeding in
regular court to confirm the arbitrator's award and
convert it to a judgment. In doing so, we persuaded
the judge to add about 14% more money to the award that
consisted of additional interest that the arbitrator
should have included.
Jones v. Bluelight
Tech Corp * (Supreme Court of New York, New York
County)
Jones brought a claim against our client, Bluelight Tech
Corp, seeking $1 Million in damages for allegedly botching
software that it created for Jones. The result: The court granted
our motion to enforce a liquidated-damages clause in the
parties' contract thereby limiting the damages that Jones
could obtain against our client to, at most, $4,000.
Because it was not cost effective for Jones continue the
lawsuit after loosing this motion, the matter was settled
without our client paying Jones a penny.
* Names of cases with
asterisks have been changed to protect the privacy of our clients.
Appellate Decisions
Below are decisions of appellate cases that Mr. Agulnick has
successfully briefed or orally argued:
Associates
Professional Corp. v. Zuber,
* ___ A.D.2d ___, N.Y.S.3d ___ (N.Y. App. Div. 4d Dep't 2011).
In
re Kelly,
__ A.D.2d __ N.Y.S.2d ___ (N.Y. App. Div. 3d Dep't 2009).
Citicapital
Trailer v. Patrick's Moving Corp.,
*
unpublished appellate opinion (N.J. App. Div. 2004).
Correa v. Movers,* __
Misc.3d 135, __N.Y.S.2d __ (N.Y. App. Term, 1st Dep't 2004).
Knox
v. New York City Bureau of Franchises, 277 A.D.2d 204, 716 N.Y.S.2d
874 ( N.Y. App. Div., 2d Dep't 2000).
Palazzo
v. Corio, 232 F.3d 38 (2d Cir. 2001) (Decided by Judge Sonia
Sotomayor, who was subsequently elevated to the United
States Supreme Court)
DeMarco
v. DeAnglis, 283 A.D.2d 388, 723 N.Y.S.2d 863 (N.Y. App. Div., 2d
Dep't 2001).
Baczyk
v. Park 25th Assoc., 261 A.D.2d 180, 690 N.Y.S.2d 14
(N.Y. App. Div., 1st Dep't 1999).
.
* Names of cases with
asterisks have been changed or redacted to protect the privacy of our law firm's clients.
Moreover, the decisions may also have been redacted to conceal personal
information to, again, protect the privacy of our clients.
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© 2009 Peter M.
Agulnick, P.C.
Attorney at Law
305 Broadway, Suite 1100
New York, NY 10007-1147 USA
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305 Broadway, Suite 1100 / New York, NY 10007-1147 / U.S.A.
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