Representative Matters

You May Know More About Us Than You Think

During the past 30 years Neufeld, O’Leary & Giusto have litigated numerous cases in federal and state courts as well as before federal and state agencies. The following is a representative sampling of certain of these cases.

Estate of DeLucie

We successfully represented a residuary beneficiary against efforts of other beneficiaries to exclude him from participating in assets recovered in a contested accounting proceeding. The Decision rendered by the Surrogate’s Court, Kings County, was featured in the New York Law Journal.

Bistro Shop, LLC v. N.Y. Park N. Salem, Inc.

We successfully represented the Plaintiff tenant through a 7-day trial. The Supreme Court, New York County’s Commercial Division awarded Plaintiff a $2.3 million judgment against its former landlord, who prevented the tenant from taking possession of the leased premises for 10 years and instead utilized the space as a staging area for the construction of additional stories on its building. This Decision was featured in the New York Law Journal, and was affirmed on appeal.

Wichard v. Suggs/ Suggs v. Wichard

We represented the Estate both in arbitration and in proceedings in the Eastern District of Virginia and in the District of Arizona to obtain an award of commissions to the Estate under the representation agreement between a prominent NFL athlete and his late agent. Read more here.

Open Space Council, Inc. v. Planning Board of the Town of Brookhaven

We represented individuals and community groups who challenged the development of 150-acre site. Following the denial of the petition on standing grounds at the Supreme Court level the Appellate Court reversed and allowed the petitioners to proceed with their challenge to a site plan approval on environmental grounds and recognized the standing of the petitioners to challenge the site plan. The Petition was granted and the development stopped.

Stein et. al. v. Northern Assurance Company of America, Inc.

After an insurance company refused to provide the cost of the defense to claims against our clients, we commenced an action against the insurance companies and the federal court found that the insurance companies had improperly disclaimed liability and granted a judgment awarding cost of defense to our clients. The decision was affirmed by the Second Circuit Court of Appeals.

United States v. GPS Automotive Corp.

Following efforts by the government to obtain forfeiture of our clients’ property, the Second Circuit Court of Appeals reversed and created a new standard to be applied by Federal District Courts to forfeiture determinations.

330 West End Apartment Corp. v. Kelly

A landmark case in which our clients challenged a “flip tax” that was imposed upon the sale of a co-op unit in a case that was decided in favor of our clients in the Supreme Court, Appellate Division and New York Court of Appeals.

Mackie v. Martucci

Litigated a claim that an easement existed across property and defended against the claim of trespass, obtaining an order directing that the sale of certain property by our clients’ adversary should take place.

Estate of Henry Bratt

Represented a co-executor and co-trustee in Surrogate’s Court proceedings which resulted in the return and preservation of significant assets for the benefit of a charitable trust established by the deceased.

Philson Painting Co., Inc. v. William Floyd Union Free School District

Successfully represented a contractor in the Appellate Division against a claim by a school district that they were not required to pay because of the failure to file a notice of claim.

Brian Bosworth v. Underwriters of Lloyds and Seattle Seahawks

Obtained a favorable jury verdict after a four week trial on behalf of a professional athlete whose contract had been guaranteed by an insurance policy that failed to pay insurance benefits following a career ending injury.

Berman v. Cullen & Dykman

Obtained an order of the Appellate Division finding that law firms may be liable for failing to properly take steps to preserve the security agreements of their clients and thereafter successfully tried the case in the Supreme Court, Nassau County.

Friends World College v. Controller of the State of New York

Successfully challenged a multi-million dollar finding by the controller against the college in the New York Supreme Court.