Litigation

Litigation

Rodriguez Law is the premier law firm representing businesses and entrepreneurs in high-stakes, complex litigations and disputes in New York. We have successfully litigated breach of contract claims, stockholder/partnership disputes, judgment enforcement, fraud, landlord/tenant disputes, and insurance litigation, across federal and state courts, in governmental agencies and tribunals, and arbitrations. Our Results Speak For Themselves. We have seen it all and have succeeded in the face of all obstacles.

Stockholder / Partnership Disputes

• Represented 50% stockholder of a liquor store in an action requesting a judicial dissolution (court ordered sale of a business) after client was accused of embezzling money and frozen out of the corporation. Defendant liquor store moved to dismiss the case. The motion was fully briefed and settled shortly thereafter with the defendant buying out client’s 50% stock interest for eight times more than the original offer. Client used the settlement funds to launch his own liquor store. Client hired us to obtain his liquor store license as well. We obtained approval in three months (his initial license took 10 months).
• Represented client in an action brought by stockholder after client purchased her 50% interest in a successful restaurant in White Plains to enforce the stock purchase agreement. The case settled before the start of depositions for 65% of the original stock purchase agreement price.

Investment Fraud

• Represented Ecuadorian immigrant who lost $200,000 at the hands of an unscrupulous investment advisor at a major broker-dealer in a securities arbitration case before the Financial Industry Regulatory Authority. He received the funds from the settlement of a severe construction accident that left him unable to work. The investment advisor placed him in highly leveraged exchange traded funds (ETFs) and stocks despite his insistence that he sought safety and capital preservation as he could no longer work and would retire soon. Within three months, our client lost 75% and eventually lost 95% of his capital due to the broker-dealer’s negligence. The investment advisor also fabricated information in the opening account documents and covered up his fraud for almost three years. Settlement: $260,000

Insurance Litigation

• Represented a company responsible for the shipment of a French sculpture valued at $500,000 and purchased at an auction. The complaint alleged negligence, breach of contract, and breach of bailment, in that our client inadequately packed the sculpture when it shipped it to Florida and where it arrived shattered into 14 pieces. We settled the action for our client, the shipping company, for a nuisance amount of $2,000 with no need for discovery.
• Represented our client in an action commenced by the New York State Insurance Fund involving allegations that our client had under-reported his payroll and misclassified his employees as independent contractors in an attempt to underpay on his worker’s compensation premium. We defeated NYSIF’s motion for summary judgment by successfully disputing the payroll numbers, risk classifications, the classification of individuals as independent contractors, and the methodology used in the audit.

Judgment Enforcement

• Represented a judgment-creditor in collecting on a judgment which was over nine (9) years old in Queens. The client had successfully obtained a judgment in Queens Supreme Court but the judgment-debtor refused to pay and claimed they were insolvent, despite the fact that she was a silent owner in a beauty salon. Various subpoenas were issued and served and the judgment was fully paid on the eve of filing an order to show cause to punish the judgment-debtor for contempt.

Tax Litigation

• Represented client restaurant before the New York Statement Department of Taxation and Finance regarding his sales tax debt. We filed a petition with the New York State Division of Tax Appeals, arguing that the rent multiplier used in estimating the sales owed was inappropriate under the circumstances and successfully reduced the debt by 60% saving client tens of thousands of dollars.Only regular priced items may be refunded. Sale items cannot be refunded.

Landlord-Tenant (Commercial)

• Represented our client, a Mexican restaurant in Bay Ridge, in a landlord-tenant action for non-payment of six months of rent and eviction where the ceiling collapsed after a series of leakage and water issues due to Landlord’s tenant upstairs. Landlord took control of the premise to fix water damage, leakage, and the collapsed ceiling. However, the damage was only cosmetically repaired and the Landlord refused to obtain DOB permits, inspections, and approvals despite filed complaints. Our client, the Tenant, prevailed and the action was discontinued without paying anything as the dangerous space was unsuitable to operate a restaurant.