Representative Reported Cases
Scott v. Beth Israel Medical Center, 47 A.D.3d 541, 850 N.Y.S.2d 81 (1st Dep’t 2008), granting summary judgment to client Beth Israel on wrongful termination claims by former Department Chairman, holding that Chairman breached his duty of loyalty.

Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 2007 WL 3353704 (9th Cir. 2007), holding that $2,900,000 Judgment against one of the 30 defendants in insurance fraud RICO action was not satisfied by the settlements with other, settling defendants but, rather, the settlement proceeds had to be rationally allocated as between the ten separate RICO enterprises complained of by clients CIGNA, Aetna, United Healthcare and Humana.

Pereira v. National Union, 2007 WL 2509757 (S.D.N.Y. 2007), granting in virtual entirety our motion for summary judgment in coverage action against client Executive Risk Indemnity Inc., an affiliate of Chubb.

Blue Cross and Blue Shield of Alabama v. Unity Outpatient Surgery Center, 490 F.3d 718 (9th Cir. 2007), vacating stays entered by the District Court in insurance fraud RICO action brought on behalf of clients Blue Cross Plans and arising out of notorious “Rent-a-Patient” scheme, where a few of the 50 civil RICO defendants had been indicted and holding that, for purposes of evaluating whether stays are proper in light of parallel criminal proceedings, distinctions had to be drawn between, among others, defendants who had been indicted and those who had not.

Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 2007 WL 942394 (9th Cir. 2007), affirming entry of treble-damage insurance fraud judgment on RICO claim brought by clients CIGNA, Aetna, United Healthcare and Humana.

Scott v. Beth Israel Medical Center, 17 Misc. 3d 934, 847 N.Y.S.2d 436 (S. Ct. N.Y. Co. 2007), holding, in wrongful termination action by former Department Chairman Scott against client Beth Israel, that Scott's communications with his litigation counsel over Beth Israel's e-mail system are not privileged.

Pereira v. National Union, 2006 WL 1982789 (S.D.N.Y. 2006), granting in part, and denying in part, motion to dismiss complaint in coverage action against client Executive Risk Indemnity Inc.

Indemini v. Beth Israel Medical Center, 4 N.Y.3d 63, 790 N.Y.S.2d 625 (2005), dismissing claims by terminated physician against client, Beth Israel, for lack of subject matter jurisdiction, pursuant to Section 2801 of the Public Health Law.

Modugu v. Continuum Health Partners, Inc., 3 A.D.3d 422, 771 N.Y.S.2d 118 (1st Dept 2004), entering summary judgment in favor of client, Continuum, on former employee's claim for supplemental compensation.

Connecticut General Life Ins. Co. v. Zilka, 321 F.3d 878 (9th Cir. 2003), affirming grant of preliminary injunction freezing the assets of a defendant in a civil RICO insurance fraud action brought on behalf of CIGNA, Aetna, United Healthcare and Humana.

Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 2003 WL 729077 (9th Cir. 2003), affirming grant of summary judgment, and entry of treble damage Judgment, in favor of clients Aetna, United Healthcare, CIGNA and Humana on RICO claim against corrupt surgeon in insurance fraud action.

Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 2003 WL 729135 (9th Cir. 2003), affirming imposition of terminating sanctions against two defendants on fraudulent conveyance claim.

Carpino v. National Store Fixtures, 275 A.D.2d 580, 712 N.Y.S.2d 684 (3rd Dept 2000), dismissing claims against client, a Texas firm, for lack of jurisdiction under New York's long-arm statute.

Redcross v. Aetna Casualty & Surety Co., 260 A.D.2d 908, 688 N.Y.S.2d 817 (3rd Dept 1999), entering summary judgment in favor of client, Aetna, on portion of bad faith claim.

Ingersoll-Rand Co. v. Textron, Inc., 1996 WL 680266 (S.D.N.Y. 1996), dismissing claim against client, Textron Inc. for lack of subject matter jurisdiction.

Perez v. Park Madison Professional Laboratories, Inc., 212 A.D.2d 271, 630 N.Y.S.2d 37 (1st Dep't 1995), entering summary judgment dismissing claim against client doctor who performed abortion challenged as non-consensual.

Milliken & Co. v. Con Ed., 84 N.Y.2d 496, 619 N.Y.S.2d 686 (1994), dismissing claims against client Empire City Subway Company, arising out of power black-out.

Gosconcert v. Hillyer, 158 B.R. 24 (S.D.N.Y. 1993), arising out of a litigation brought on behalf of clients, Gosconcert and the Moscow State Symphony Orchestra, against a company that contracted to bring the Orchestra to the United States for a concert tour which fell through.

Columbus Park Corp. v. Dept. of Housing Preservation, 80 N.Y.2d 19, 586 N.Y.S.2d 554 (1992), resolving first-impression issue of law about client co-op's development rights under Mitchell-Lama housing statute.

Chrysler Capital Realty, Inc. v. Grella, 942 F.2d 160 (2d Cir. 1991), resolving mortgage dispute involving client, Chrysler Capital.

Eenkhoorn v. New York Telephone Co., 148 Misc. 2d 999, 568 N.Y.S.2d 677 (App. Term, 1st Dep’t 1990), dismissing intellectual property claim by former employee against client, N.Y. Telephone Company.

Seawall Associates v. City of New York, 74 N.Y.2d 92, 544 N.Y.S.2d 542 (1989), holding unconstitutional New York City Local Law No. 9, which prohibited the demolition or conversion of single-room occupancy dwellings and obligated the owners to restore such units to habitable condition (representing amicus Coalition for the Homeless, arguing in support of the statute).

Matarazzo v. Aerosmith Productions, Inc., 1989 WL 140322 (S.D.N.Y. 1989), declining to award attorneys' fees to client, Warner Brothers Records, following dismissal on the law of a complaint brought against Warner Brothers Records by a person who was assaulted during an Aerosmith concert and who claimed that Warner Brothers Records was responsible for the assault because of the provocative nature of the music.

Redgrave v. Boston Symphony Orchestra, Inc., 855 F.2d 888 (1st Cir. 1988), affirming damage award after three-week jury trial in Boston in favor of client, Vanessa Redgrave in contract/civil rights action (tried with Dan Kornstein).

Textron v. Unisys, 138 Misc.2d 124, 523 N.Y.S.2d 715 (S. Ct. N.Y. Co. 1987), resolving discovery issues in aid of arbitration in favor of client, Textron, in a case concerning conflicting claims to ownership of a joint venture.

Magique v. Chippendales, Inc., 628 F. Supp. 106 (S.D.N.Y. 1986), holding that a triable issue of fact exists in an action brought to enforce a restrictive covenant involving client, Chippendales.

Walker & Corsa v. Tunisian Office National des Cereales Embassy of Tunisia, 1985 WL 170 (S.D.N.Y. 1985), after evidentiary hearing, granting summary judgment to client, the Tunisian Government, in fee dispute with law firm arising out of an admiralty matter.

The Aetna Casualty and Surety Co. v. Liebowitz, 570 F. Supp. 908 (E.D.N.Y 1983), holding that client, Aetna, is not entitled to recover legal fees based on obtaining civil RICO preliminary injunction followed by monetary settlement with defendant.

Navajo Nation v. United States, 668 F.2d 1100 (9th Cir. 1982), holding that client, The Navajo Nation, could not insist that its Federal rights to Colorado River water be adjudicated in Federal Court and deferring, on abstention grounds, to State Court action initiated by the State of Arizona (with Judge Rifkind and Mark Alcott of Paul Weiss Rifkind Wharton & Garrison).

Estate of Weiskopf, 77 T.C. 135 (U.S. Tax Ct. 1981), at conclusion of trial, rejecting the Government's claim against client Estate and holding that certain trusts were not beneficiaries of the Estate at the time certain stock interests were sold (with James Lewis of Paul Weiss on the briefs).

Toker v. Pollak, 44 N.Y.2d 211, 405 N.Y.S.2d 1 (1981), affirming grant of summary judgment in favor of client, Henry Stern, in a defamation action brought by an unsuccessful candidate for judicial office complaining of Mr. Stern's comments about the candidate to the Mayor's Committee on the Judiciary (with Max Gitter of Paul Weiss).

Quinn v. Aetna, 482 F. Supp. 22 (E.D.N.Y. 1979), aff'd, 616 F.2d 38 (2d Cir. 1980), dismissing on First Amendment grounds an action to enjoin client, Aetna, from placing advertising messages that urged reform of State tort law (with Lewis Kaplan of Paul Weiss).

Goodrich v. Gonzalez, 451 F. Supp. 747 (E.D.N.Y. 1978), holding that pro bono challenge, to District Attorney's practice of conditioning consent to adjournments of criminal actions in contemplation of dismissal upon waiver by defendants of their rights under civil rights statutes, was moot (with Arthur Liman of Paul Weiss).

Dolph's Clothier's v. City of New York, 57 A.D.2d 757, 394 N.Y.S.2d 416 (1st Dept 1977), reversing judgment entered against client, Empire City Subway Company, for water damage resulting from bursting of huge and ancient City water pipe that client allegedly interfered with in connection with subway construction in 1904 (with Ed Costikyan of Paul Weiss).

United States v. Winston, 558 F.2d 105 (2d Cir. 1977), reversing conviction of client in first-ever prosecution for violation of the criminal provisions of the Railway Labor Act (with Jay Topkis of Paul Weiss).

United States v. Dansker, 537 F.2d 40 (3rd Cir. 1976), reversing conviction of client Nathan Serota under the Federal Travel Act and holding that the conduct charged as criminal did not constitute a crime as a matter of law (with Martin London and Max Gitter of Paul Weiss).