Engagements at Monteiro and Fishman


2017

  • Dismissal of Plaintiff's Claims against client Bank in breach of contract case on jurisdictional basis. Raymond James v. Vanguard Funding, LLC, 16-cv-6727 (S.D.N.Y. 2017).

  • Appellate Division, Second Department modifies Family Court Order following lengthy trial and remits for further determination. Oyefeso v. Sully, __ AD 3d___ (2d Dep't March 1, 2017).

  • Eastern District certifies collective action in FLSA case. Gustavo Ochoa v. Sinan Kaptan et al., 16-cv-2296 (E.D.N.Y. 2017) (Feuerstein, S.).

  • Summary Judgment granted in favor of client insurer finding that incident as not an "occurrence" per policy and client has no duty to defend or indemnity. _____v. Prunitis et al.(Sup. Ct. N.Y. County 2017).


2016

  • Verdict after trial in favor of client Body Shop in breach of contract case. Bodyworks Unlimited v. ____ (N.Y. Dist. Ct. Nassau County 2016).

  • Summary Judgment denied against client in commercial paper case involving medical practice group. ___ v. ____ (Sup. Ct. Nassau County 2016).

  • Successful disposition of breach of contact case against client commercial marina for less than 5% of stated damages._____ v. _____ (Sup. Ct. Kings County 2016).

  • Order to Show Cause granted, dismissing breach of contract claims against client commercial landlord.Greenberg & Merola LLP v. 137 Frost Street, LLC,Index No. 003631/2016 (Sup. Ct. Nassau County 2016).

  • Successfully disputed denial of coverage for client national concrete company forcing insurer Atlantic Casualty to reverse position and provide indemnity and defense.


2015

  • Favorable Defense settlement (less than 5% of stated damages) after two day cross-examination of Plaintiff in Title VII and Section 1983 case before full jury venued in Federal Court, Eastern District. __ v. The County of Nassau et al., 2:11-cv_ (E.D.N.Y. 2015)(Seybert, J.).

  • Favorable verdict after four day trial in commercial landlord/tenant dispute. West John Street LLC v. _ , Index No. LT_2014 (N.Y. Dist. Ct. Nassau County 2015).

  • Favorable settlement during commercial contract trial on client-Defendant's counter-claims while Plaintiff's-claims were dismissed in full. H&M Bay Inc. v. New Generation Trucking Corp., Index No. 022422/2013 (N.Y. Dist. Ct. Nassau County 2015).


2014

  • Favorable settlement after opening statements in divorce trial venued in Supreme Court, Suffolk County. _ v._., Index No._ (Sup. Ct. N.Y. Suffolk County 2014).

  • Defendant's verdict on all counts in criminal case after fourteen day full jury trial featuring multiple expert witnesses. The People of the State of New York v. _. (N.Y. Dist. Ct. 2014).

  • Represent US Corporation against Greek Corporation before ICC International Court of Commerce in Geneva, Switzerland in breach of international contract action. _ v._., Arb. No. _ (U.S.A. – Greece)( Int’l Comm. Arb. 2014).


2013

  • Granted summary judgment and obtained corporate ownership of two multi-million dollar website/domain-names in wrongful conversion case. _. v._, Index No. _(Sup. Ct. N.Y. County 2013).

  • Motion to dismiss petition seeking attachment of corporate assets pending international arbitration decision granted. _. v._, Index No. _ (Sup. Ct. N.Y. County 2013).

  • Defended contractor in breach of contractor case and obtained favorable settlement after cross-examination of plaintiff witness during trial. Dave v. JMG Contractor, Inc., Index No. CV-044010 (N.Y. Dist. Ct. 2013).

  • Defended client in consumer conversion case and obtained a defense verdict after trial. _v._, CV-2769 (N.Y. Dist. Ct. 2013).

  • Court holds no probable cause to arrest client after eliciting favorable testimony during cross examination of arresting officers at hearing. People v. Rambo (N.Y. Dist. Ct. 2013).

  • Represent corporate debtor in claw-back proceeding in Chapter 11 bankruptcy case.

  • Motion to dismiss granted, dismissing claims for breach of contract, fraud, quantum merit and others based upon business dispute between corporate entities venued in Federal Court, San Jose, California. _ v._, CV13- _ (N.D. Cal., San Jose 2013).

  • Defended and ultimately successfully settled 1.5M of claims against client for nominal value of $1,000, included release for clients of all claims. American Express Travel Related Services Company, Inc. v._, Index No.:_(Sup. Ct. N.Y. County 2013).


2012

  • First Department grants appeal, reversing the lower Court’s decision and dismisses the contractual cause of action against corporate client. _v. _., _A.D.3d _, _ N.Y.S.2d_ (1st Dep’t 2012).

  • Negotiated settlement involving $650,000 of claims for breach of a buy-out contract of key shareholder and former president of an international company. _v._, 11CIV_ (S.D.N.Y. 2011).

  • Successfully defended construction company defendant against alleged construction defect claims. Stuart Fishkin and Donna Fiskin v. Mario Vaglica et al., Index No: 014840/05 (Nassau County 2012).

  • Prosecuted personal injury claims against JC Penney Corp. venued in Federal Court, Eastern District, New York and obtained favorable settlement. Miller v. J.C. Penney Corp. Inc. and Sephora USA Inc., CV12-02401 (E.D.N.Y. 2012).

  • Represented core members of Keller Williams in stock-sale/buy-out agreement for real estate agency business.


2011

  • Appellate Division, First Department grants appeal and dismisses the original cause of action against corporate client, reversing the lower Court’s decision. Thompson v. Imperial Capital LLC, et al. _ N.Y.S. 2d _ (1st Dep’t 2012).

  • Granted summary judgment, dismissing Utica Mutual Insurance Co.’s claims against corporate client in coverage action. Utica Mutual Ins Co. v. JMG Contractor, Inc., et al., Index No. 18798/2010 (Dist. Ct. Nassau County 2011).

  • Successful intervention and stay of sale of 6 million dollar real estate holding.

  • Defense of corporate client in Southern District, NY, in corporate diversity breach of contract action alleging $500,000 in disputed payments.

  • Defense of client in Supreme Court, New York County against allegations of 1.3 million dollar breach of contract action.

  • Represented corporation in transaction with national retailer for distribution of new global telecommunications services and products.

  • Successfully obtain disputed trademarks for corporate client.

  • Represented corporate seller of Class A voting shares in private placement offering.

  • Represent corporation for sale of convertible debt to equity placement offerings with institutional investment house.

  • After six day hearing in Supreme Court, Suffolk County, convinced court that presumptive maintenance amount was unjust and had client payments reduced by 90%. Blanthorn v. Blanthorn, Index No. 00336/2011 (N.Y. Sup. Ct. Suffolk County, Oct. 17, 2011).

  • Obtained successful settlement for corporate defendant, a gas station tenant, in a commercial lease dispute with over $1,000,000 in potential liability.

  • Represented the buyer of stock in closely held construction/restoration New York corporation.

  • Represented the buyer in complex leveraged stock purchase transaction. The deal required the satisfaction and cancellation of existing stock pledges, along with concomitant bank note obligations.

  • Represented corporate tenant in commercial lease transaction with $2,500,000 in rental obligations.


2010

  • Michael Fishman's seminal insurance coverage summary judgment decision recently affirmed by Second Department. Hargob Realty Assoc., Inc. v. Fireman's Fund Ins. Co., 73 A.D.3d 856, 901 N.Y.S.2d 657 (2d Dep't 2010).

  • Contested declination of coverage from national insurance carrier. Convinced insurance company to reverse position and provide coverage to client, highlighting applicable policy provision and recent case-law.

  • Represented consumer and business clients in proceedings under chapter 7 and 13 of the bankruptcy code. Successfully obtain discharges of debt totaling over 100 million dollars.

  • Defended commercial business owner in real estate action alleging hundreds of thousands of dollars in damages. After four years of litigation, obtained successful dismissal of suit without any client contribution. See Ito v. Onsite Marketing, Inc. et al., Index No. 23648/06 (NY Sup. Ct. Suffolk County, April 2010).

  • Marcus Monteiro obtains successful settlement during trial of Landlord Tenant case venued in New York City on April 8, 2010. See 19 West 8th Realty v. Pucciriello, Index No. 075264/08 (N.Y. Civ. Ct., New York County 2008).

  • Michael Fishman convinces New York County Supreme Court to dismiss multiple contempt motions associated with $4M post judgment discovery proceedings. See Thompson v. Cooper, Index No. 118235/02 (NY. Sup. Ct. New York County March 18, 2010).

  • Defended corporate owner of large New York City apartment building in breach of warranty of habitability action. Received a Defendant verdict after trial, dismissing the plaintiff's claims and granting Defendant's counter-claims.See Blumenthal v. 221 East 21st Street, LLC, Index No. NCS 00441/09 (N.Y. Dist. Ct. Nassau County February 2010).

  • Defended Real Estate Corporation with nationwide property holdings in multi-million dollar lawsuit seeing to, inter alia, invalidate property transfer.

  • Renewal of general counsel agreement with Sonu Beverages, LLC, a 27 million dollar private equity funded company that produces and distributes vitamin-enhanced water.

  • Counsel to multiple domestic corporations in Reg. S foreign offerings seeking investment capital.

2009

  • Represented national corporation in endorsement contracts featuring New York Giants wide receiver Steve Smith and New York Jets safety Kerry Rhodes.

  • Defended international telecommunications corporation based in New York City against 4.1 million dollar lawsuit.

  • Represented defendant corporate tenant in a commercial landlord/tenant holdover proceeding in New York City. Successfully had the petition dismissed with no contribution from corporate client or personal guarantor principals, avoiding over $120,000 in potential liability.