COMPLEX CORPORATE AND COMMERCIAL
LITIGATION
MORAN • KARAMOUZIS LLP represents corporate clients
throughout New York and New Jersey and specializes in
all forms of financial services litigation, commercial
contracts, and real estate.
Recently, in connection with its representation of a
financial services company, the Firm
successfully opposed class certification of claims
that improper charges were assessed in connection with
the Company's mortgage payoff statement. The Firm also
successfully defeated Plaintiff's subsequent motion to
amend the putative class action Complaint to include
additional claims relating to alleged over-charging of
interest.
REPRESENTATIVE MATTERS
- Representing a national bank in two related
actions, pending in the State and Federal Courts,
in connection with the Plaintiffs' purchase of a
company that Plaintiffs' allege misstated its
assets and liabilities at the time of purchase;
wherein the bank was a creditor of the company
prior to the purchase.
- Successfully represented a media company in
international arbitration before the International
Chamber of Commerce in connection with clients'
breach of contract and fraud claims against a
former corporate business partner regarding
various equity exchange agreements.
- Obtained dismissal of an action to enforce a
financing agreement, and recovered attorney's fees
and sanctions against Plaintiff.
- Successfully opposed a motion to dismiss the
Complaint brought by one of the Firm's financial
services clients based on processing of forged and
altered checks. Court adopted the Company's
argument that it was a holder in due course, and
that failure of investigation defeated Defendants'
argument that checks were properly paid in
reliance on UCC § 4-207 transfer and presentment
warranties.
- Obtained summary judgment dismissing a putative
class action challenging secondary payer status of
the Defendant health insurance Plan when the
member was eligible for Medicare coverage, which
decision was recently affirmed by the New York
State Appellate Division, Fourth Department.
Motions for Leave to Appeal to the New York State
Court of Appeals and United States Supreme Court
were denied. When the same class Plaintiff
commenced a similar putative class action in
Federal Court last year, the Firm successfully
moved for summary judgment and opposed class
certification. The Second Circuit affirmed the
decision.
- Obtained summary judgment and denial of motion
for class certification in connection with a
putative class action under New York State's Well
Baby Statute. The motion for class certification
was denied, and the Court rejected Plaintiff's
attempt to convert a single "approval
error" into a reason to "justify a
'fishing expedition' through the files of all
potential class Plaintiffs."
- Obtained dismissal of claims of fraud, tortious
interference with a contract, punitive damages,
antitrust violations, and violation of General
Business Law §349 in connection with a claim for
skilled nursing benefits.
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