14th Street Med., P.C. v. Epstein, 2020 N.Y. Misc. LEXIS 1948

Sup. Ct., New York County

Summary judgment granted in favor of our medical practice client for breach of employment agreement by physician.

Zelenko v. Fidelis Care New York Index No. 708665/2016, March 8, 2017

Sup. Ct., Queens County

Brought action on behalf of our physician client against a large government based health insurance plan after it withheld incentive payments intended to reward practitioner for exceptional medical care. The Court’s decision was listed as a “Decision of Interest” in the New York Law Journal and upheld the principle that the implied duty of good faith and fair dealing does not permit the withholding payments already earned on the basis of an audit letter.

Family Health Management, LLC v. Coren, 2016 NYLJ LEXIS 3945

Sup. Ct., New York County

Summary judgment granted in favor of our client, a management company for physicians, against subtenant for breach of sublease.

Einiger v. Citibank, 2014 LEXIS 122886

U.S. Dist.

Won motion to remand case to New York Supreme Court on behalf of our attorney client. The U.S. District Court for the Southern District of New York held that our client’s contractual claims based on Citibank’s appropriation of his ideas for a marketing program were not preempted by the Copyright Act. Thereafter the case was settled at a mediation before JAMS.

Forman v. Guardian Life Ins. Co. of Am., 76 A.D.3d 886, 2010

1st Dept. 2010

The New York State Appellate Division affirmed the trial court’s denial of our physician/auditor client’s $12 million claim based on services performed on behalf of Guardian Life to find fraud in healthcare billing.

Woods Knife Corp. v. Eastman Machine Company, 2009 N.Y. Misc. LEXIS 5418

Sup. Ct., Nassau County

The Court granted our client’s motion for summary judgment based on defendant’s failure to pay for goods sold and delivered. Court directed entry of judgment in the amount of $184,305.21 with interest from the date of debt accrued.

Gilman & Ciocia v. Walsh, 45 D.D.2d 531, 845 N.Y.S2d 124

2nd Dept. 2008

In which the Appellate Division, Second Department affirmed the trial court’s decision granting client’s motion for a protective order with respect to the Plaintiff’s document demands.

O’Malley v. O’Malley, 41 A.D.3d 449, 836 N.Y.S.2d 706

2nd Dept. 2007

The Appellate Division reversed the trial court’s denial of our client’s motion to set aside a post-nuptial agreement. This case is frequently cited for determining the validity of pre-nuptial and post-nuptial agreements.

Feldman Med., P.C. v. Sanguilly, 2006 N.Y. Slip Op. 30733(U)

Sup. Ct., New York County

Obtained preliminary injunction on behalf of our client’s medical practice enjoining physician from breaching restrictive covenant in employment agreement. Client was awarded legal fees.

In re Leo Balk, 24 A.D.3d 194

1st Dept. 2005

Involved a valuation proceeding brought on behalf of our client under the Business Corporation Law. The Appellate Division affirmed an award in favor of the shareholder.

Ad Store v. Novica United, Inc., 2003 U.S. Dist. LEXIS 760

U.S. District Court

The U.S. District Court denied the defendant corporation’s motion to change venue from New York to California.

Foong v. Empire Blue Shield, 305 A.D.2d 330

1st Dept. 2003

In a precedent setting case the New York State Appellate Division held that a doctor has a private right of action under the New York State Public Health Law to sue a health insurance company and recover damages for wrongful termination of a provider agreement without being afforded due process.

Prior results do not guarantee a similar outcome.