Corporate and Commercial Litigation
DO&CB specializes in all forms of litigation and alternative dispute resolution involving the financial services industry, the hotel industry, and commercial contracts.
Financial Services Industry
- Represented banks in connection with mortgage fraud actions against brokers, title insurers, appraisers, and settlement agents.
- Represented banks in connection with litigation to recover unpaid claims pursuant to home mortgage indemnity insurance.
- Successfully opposed class certification of claims that improper charges were assessed by a national bank in connection with providing a mortgage payoff statement. Fontana v. Champion Mortg. Co., Inc., 32 A.D.3d 453, 819 N.Y.S.2d 472 (2d Dep’t 2006).
Hotel and Hospitality Industry
- Represented a major hotel in connection with resolving a class action brought seeking payment of penalties due to alleged ATM notice defects.
- Represented hotels and/or property owners regarding all types of violations of City and State regulations, including fire code, building code, and environmental violations, before both criminal courts and local agencies. Representation includes assistance with compliance, proof of compliance, disputing violations and negotiating the resolution of violations.
- Obtained dismissal of an action alleging unjust enrichment and quantum meruit in connection with identifying a potential real estate development for a hospitality corporation.
- Successfully defended breach of duty of good faith and fair dealing case arising from major food manufacturer’s termination of licensing agreement with a hospitality corporation.
Other Commercial Matters
- Obtained dismissal of claims for fraud, tortious interference with a contract, antitrust violations, New York State consumer fraud statute violations and punitive damages in connection with a claim for skilled nursing benefits.
Resolved an information technology contract dispute favorably on behalf of a corporate client.