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Press & Decisions

Press & Decisions

Mr. Kutner and his cases have recently been featured on law360.com, tmz.com, and the New York Law Journal.  In addition, Mr. Kutner has also recently been interviewed by the New York Post.  In the past several years Mr. Kutner's cases have also appeared in the Decisions of Interest Column on the front page of the New Law Journal.

Some of the current matters handled by the firm include a health care litigation where the Commercial Division of the New York State Supreme Court issued a temporary restraining order enjoining an insurance company from wrongfully offsetting the laboratory client's claims and a commercial landlord-tenant dispute where the same court issued a temporary restraining order which enjoined the landlord from evicting the client-tenant until the landlord could establish that it had provided a right of first refusal.

Additional pending matters include intra-family business dispute involving a brownstone in Brooklyn, a dispute between former partners in a law firm, a divorce case where the Supreme Court of Queens County ordered that the issue of the client's desire to relocate proceed to a hearing, and a proceeding for judicial dissolution under the Business Corporation Law.  In another recent decision the Supreme Court of New York County we successfully defeated a motion for summary judgment brought by a public financial company against one of our clients in the insurance industry.

Reported Decisions Include:

Forman v. Guardian Life Ins. Co., 76 A.D.3d 886, 908 N.Y.S. 2d 27, (1st Dept., 2010). In this case the Appellate Division, First Department affirmed the trial court's denial of Guardian Life Ins. Company's motion to dismiss our client's claims sounding in breach of contract, promissory estoppel, the implied covenant of good faith and fair dealing, unjust enrichment, and quasi-contract.   We sued on behalf of the client to recover twelve million dollars in damages as a result of the services performed by our client who was a physician holding a patent in finding fraud in health care billing.  Subsequently, the Supreme Court of New York County denied Guardian Life's motion for summary judgment and the case was ultimately settled.

Woods Knife Corp. v. Eastman Machine Company, 2009 N. Y. Misc. LEXIS 5448 (Sup. Ct., Nassau County).  In this case the court granted our client's motion for summary judgment and directed entry of a judgment in the amount of $184,305.21 with interest at the legal rate from the date the 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), was a significant case in that the Appellate Division, Second Department found a postnuptial agreement unfair on its face and thereby reversed the lower court’s decision enforcing the postnuptial agreement and transfer of the deed of the marital home and remitted for a hearing and new determination.  

In re Leo Balk, 24 A.D.3d 194; 805 N.Y.S.2d 352 (1st Dept. 2005), involved a valuation proceeding pursuant to Business Corporation Law § 1104-a and §1118 where the Appellate Division, First Department unanimously affirmed an award in favor of the shareholder.

Foong v. Empire Blue Cross-Blue Shield, 305 A.D.2d 330; 762 N.Y.S.2d 348 (1st Dept. 2003), was reported on the front page of the New York Law Journal.  In Foong, a case of first impression, the Appellate Division, First Department upheld a physician’s right to sue an HMO for damages due to wrongful termination, breach of contract, breach of good faith and fair dealing, and denial of due process.  The Foong decision has been hailed by the Medical Society of the State of New York as “a victory for all physicians and patients.”  

Ad Store v. Novica United, Inc., 2003 U.S. Dist. LEXIS 760, argued before the U.S. District Court for the Southern District of New York, denied a corporation’s motion for change of venue and held, pursuant to 28 U.S.C.S. §§ 1406(a), 1391(a) and 1404(a), that New York was the proper venue, not California.  

Gilman & Ciocia v. Pasquin, et. al., 2001 NY Slip Op 40363U (2001), argued before the Commercial Division of the Westchester County Supreme Court, vacated a temporary restraining order against Defendants, and held that Plaintiff failed to demonstrate its customer lists were confidential or that Defendants actively solicited clients.

Prior results do not guarantee a similar outcome.

The Law Offices of Kenneth L. Kutner serve clients throughout New York City and the surrounding areas, including: Manhattan, Westchester, The Bronx, Brooklyn, Queens, Staten Island, Rockland County, Nassau County and Suffolk County.



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