Commercial Litigation Matters
Paul Rubin has represented lenders, loans servicers, investment funds, title underwriters, real estate developers, manufacturers, service providers and other parties in a wide variety of commercial cases in state and federal courts and in arbitrations before the American Arbitration Association and JAMS. These cases have included among other things, lender liability claims, contract, real estate and brokerage disputes, control over religious corporations, claims under title insurance policies and the Perishable Agricultural Commodities Act, and debt collection. Mr. Rubin has briefed and argued appeals in the First and Second Departments of New York’s Appellate Division, and in federal circuit courts of appeal. His extensive litigation experience includes the following:
Reversal on Appeal of Dismissal of Lawsuit by Claims Trader: Representing a nationally-known bankruptcy claims trader, Rubin LLC won reversal of the New York trial court’s decision to dismiss the client’s complaint seeking to enforce a repurchase obligation, even though the impairment triggering the payment obligation was short-lived. The First Department’s ruling reinstated the client’s claim for return of the purchase price, plus interest and attorney’s fees.
Dismissal of Lawsuit Brought by Minority Investor: Rubin LLC won a pre-answer motion to dismiss a complaint asserting various claims, including claims of breach of a buyout agreement, breach of fiduciary duty and tortious interference with business relations, brought by a minority investor in an aborted hotel acquisition. The New York Supreme Court, Commercial Division, granted the motion and denied the plaintiff’s cross-motion for leave to amend its complaint and for discovery.
Mechanics Lien Foreclosure Action: Rubin LLC represented the plaintiffs, several engineers and architects, and negotiated an agreement requiring defendant to pay all amounts owed to the design professionals plus interest, in a Queens County Supreme Court action.
Arbitration Award Vacated Representation of client in successfully petitioning the Kings County Supreme Court to vacate a rabbinical court’s arbitration award regarding competing claims to real properties in Brooklyn and other assets. The arbitration agreement provided that the parties could proceed only with counsel acceptable to the arbitrators. Describing its ruling as one of first impression under New York law, the court agreed that the arbitrators had denied client the right to counsel of his choice, and overturned the award. This case was featured in the November 24th 2009 edition of the New York Law Journal. (26 Misc.3d 615, 889 N.Y.S.2d 839 (2009))
Commercial Bank – Cross-Border Mortgage Dispute: Representation of a commercial bank in connection with a claim by a French entity that it held a commercial mortgage that was senior to our client’s $23 million mortgage on a Manhattan hotel. The trial court entered a $242 million judgment of foreclosure in favor of the French entity which, if executed, would have extinguished our client’s mortgage lien. On appeal, the Appellate Division reversed the trial court’s decision and vacated the foreclosure judgment. We subsequently helped resolve the dispute with our client receiving payment in full.
Secured Lender – Priority Dispute: Representation of a secured lender in its claim to the proceeds of the sale of a borrower’s principal asset. The court granted our motion for summary judgment, ruling that our client’s claim had priority over competing claims asserted by produce sellers under the Perishable Agricultural Commodities Act. D.M. Rothman Co., Inc. v. Cohen Marketing Int’l, Inc., 2005 U.S. Dist. Lexis 14449, 2005 WL 1690524 (S.D.N.Y. 2005).
Religious Corporation – Control Dispute: Representation of the interests of an heir to the leadership of a major religious corporation in fending off a challenge from a rival faction for control of the community’s institutions and organizations. In the Matter of Congregation Yetev Lev D’Satmar Inc., 31 A.D.3d 541 (2d Dep’t 2006), aff’d, 9 N.Y.3d 282 (2007) and Congregation Yetev Lev D’Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D’Satmar Inc., 31 A.D.3d 480 (2d Dep’t 2006).
Real Estate Developer/Investor – Won Dismissal of Suit: Successful defense of a real estate developer/investor. Certain bankruptcy companies owned 38 properties secured by over $200 million, and our client entered into an agreement with the debtors to finance their plan of reorganization. But when the bankruptcy court confirmed a different plan, the debtor sued our client claiming that its “failure” to fund the plan caused its demise. We prevailed on behalf of our client on a motion to dismiss, which was upheld on appeal. Ginsberg v. Schron, 288 A.D.2d 146, 732 N.Y.S.2d 858 (1st Dep’t 2001).
Asset Purchaser – Preliminary Injunction Hearing: Successfully opposed efforts of seller’s creditors to enjoin sale of assets to our client and to require sale to competing bidder; obtained ruling following evidentiary hearing that sale to our client without formal auction process was in the best interests of all parties. Wada Marketing Group v. Ven-Co Produce, Inc., 2011 U.S.Dist. Lexis 120660, 2011 WL 5545963 (S.D.N.Y. 2011).
Real Estate Owner – New York City Board of Standards and Appeals Case: Representation of a Brooklyn real estate owner before the New York City Board of Standards and Appeals in connection with a successful effort to prevent adverse parties from obtaining building permits.
Lender and Loan Servicer – Liability Action Defense: Representation of a lender and loan servicer in winning dismissal of lender liability actions. John Street Leasehold, LLC v. Capital Management Resources, 142 F.Supp.2d 527 (S.D.N.Y. 2001); John Street Leasehold LLC v. FDIC, 196 F.3d 379 (2d Cir. 1999).