Family Law

• Child Support
  Katsoris v. Bodnar & Milone, LLP, MMP&S prevailed on a pre-answer motion to dismiss this legal malpractice action. In his 99-paragraph Complaint, the pro se plaintiff, a former litigator at a large multi-national law firm, alleged that our clients, his divorce attorneys, committed legal malpractice and breached its fiduciary duties to him. Included in his claims was that the Firm overbilled him, failed to disclose material information during the divorce action, failed to properly advise him, and missed discovery dates. He sought damages for, among other things, excessive attorney’s fees, lost income and marital property, lost child support and equitable distribution of marital assets. He sought $2,000,000.00 in damages.

Criminal Law

• Criminal Defense
  MMP&S represents attorneys in malpractice, malicious prosecution, fraud and attorney deceit actions arising out of a wide range of underlying matters including corporate transactions, securities litigation, accounting, employment, intellectual property infringement, bankruptcies, matrimonial and family law, criminal defense, real estate transactions, foreclosures, personal injury actions and contract negotiations.
• DUI/DWI
  In Knet, Inc. v. Ruocco, et al, MMP&S successfully persuaded a plaintiff to voluntarily discontinue with prejudice a complex accounting malpractice action against our client, an accounting firm that had participated and its central partner had invested in a business, which developed technology to prevent DWI’s from occurring by stopping an engine when alcohol was on a past-offender’s breath. Plaintiff had alleged accounting malpractice in the division of shares of stock, accounting, and underlying record and bookkeeping. However, with minimal discovery and prior to depositions, motion practice or trial, MMP&S persuaded plaintiffs to voluntarily discontinue the action as against the accounting firm in exchange for fully complying with all paper discovery, thereby obviating expensive and extensive motion practice.
• Wrongful Death
  Vantroba et al v. Zodiaco et al., MMP&S obtained a reversal and dismissal of wrongful death claims in the Appellate Division, Second Department. The decedent died of smoke inhalation from a fire that started on top of the stove in the decedent’s apartment. The decedent’s estate sued the building owner claiming that the owner had improperly installed the stove, which would allegedly spontaneously turn on while unattended. The Supreme Court, Kings County denied the summary judgment motion that Milber Makris Plousadis & Seiden filed on behalf of the building owner, finding that there were issues of fact as to the owner’ potential negligence. On appeal, the Appellate Division, Second Department reversed the lower Court’s ruling and dismissed the estate’s claims. The Appellate Court determined that our client did not create the alleged condition with the stove and did not have notice of the alleged condition. The Court’s ruling is notable in that it limits a property owner’s liability based upon an alleged duty to inspect the property.
• Fraud
  In Leichter v. Max Kolbrenner et al, MMP&S successfully obtained a pre-answer dismissal of all claims brought by a plaintiff against our client, an accounting firm in an accounting malpractice matter that sought nearly $1 million in damages. The complaint set forth allegations against the accounting firm for tax fraud, accounting malpractice, breach of fiduciary duty and negligence, related to the filing and preparation of joint income tax returns for plaintiff and her ex-husband. The plaintiff alleged that the accountant had improperly failed to disclose her ex-husband’s income from his various business interests on their joint tax return, for a period spanning over ten years. MMP&S made its initial motion to dismiss on the grounds that proper service had not been perfected on the accounting firm, and that the complaint failed to state a cause of action upon which relief could be granted. MMP&S utilized the documentary evidence the plaintiff attached to the complaint, including the tax returns and Schedule-Cs indicating that all of the ex-husband’s business interests and income were properly claimed on the returns. Additionally, MMP&S successfully argued that the entire action was time-barred based upon the three-year statute of limitations for claims grounded in accounting malpractice. The Court granted the motion and dismissed plaintiff’s complaint. The plaintiff then moved to set aside the dismissal arguing that service on the accountant was proper, and the action was timely. MMP&S successfully opposed plaintiff’s second motion, and the Court upheld its dismissal of plaintiff’s complaint and denied plaintiff’s motion to set aside the Court’s initial decision.
• Restraining Order
• Money Laundering
  Estate of Benjamin Sendyk v. Gallus, MMP&S prevailed on a pre-answer motion to dismiss a legal malpractice action involving allegations of malicious prosecution and Judiciary Law § 487 action against our client, an attorney. In the underlying Racketeer Influenced Corrupt Organizations (RICO) action, our client litigated claims against an international telephone company that allegedly engaged in criminal copyright infringement, money laundering, mail and wire fraud. After the defendant prevailed in the underlying Federal Court action, plaintiff commenced a malicious prosecution action in Supreme Court, Kings County, alleging that the attorney and her clients commenced the prior action with malicious intent and without probable cause. It was further alleged that our client filed a false complaint and made misrepresentations to the federal court in violation of New York Judiciary Law § 487. MMP&S successfully argued that the probable cause element of a malicious prosecution claim must be applied to the entire underlying lawsuit, and not individual causes of action. Given that some of the underlying claims were submitted to a jury precluded a finding that the entire action lacked probable cause. As for the Judiciary Law § 487 claim, MMP&S argued that the vague allegations of misrepresentations were not set forth with the requisite specificity, and otherwise failed as a matter of law.

Business and Corporate Law

• Business Disputes
  In Mave Hotel Investors LLC v. TS Worldwide, LLC, MMP&S obtained a dismissal of a Complaint in the Commercial Division of the Supreme Court, New York County, based upon the principle that a lender’ s consultant does not owe a duty to a borrower. In this regard, the plaintiff hotel owner/borrower commenced an action against a real estate appraiser retained by the special servicer to the master servicer of plaintiff’s lender, based upon the issuance of three allegedly erroneous real estate appraisals of the hotel. Plaintiff alleges that as a result of the issuance of the appraisals, the hotel loan to value ratio was significantly reduced, thus forcing plaintiff to post $2,000,000 in collateral to maintain its funding. Plaintiff’s Complaint set forth claims sounding in negligence, gross negligence, discrimination, breach of contract, unjust enrichment and deceptive business practices pursuant to General Business Law § 349.
• Limited Liability Companies
  In addition, we form corporations, limited liability companies, limited liability partnerships and other corporate entities to shield our clients from individual liability, leverage tax advantages and ensure flexibility.
• Construction Contracts
• Trade Secrets
• Intellectual Property

Employment Law

• Wrongful Termination
  MMP&S’s attorneys are skilled in representing clients in discrimination, wrongful termination, civil rights, sexual harassment, non-competition, trade secret and wage and hour compliance lawsuits.
• Employment Discrimination
• Employment Contract
  As a full-service firm, MMP&S assists in the development of employee manuals, personnel policies and other guides that are helpful in avoiding disputes and in providing defenses if a dispute arises.  We provide training and counseling and can conduct investigations regarding all manner of employee issues and complaints, including discrimination, harassment, sexual harassment, hostile work environment, wage compliance, reasonable accommodations, and ADA compliance. MMP&S can also assist your business with a wide range of document-related services, including drafting employment agreements and covenants for compensation, severance, non-competition, non-disclosure and many other related issues.
• Severance Agreement
• Sexual Harassment

Property Law

• Premises Liability
  The municipal liability practice at MMP&S includes representation of various governmental entities as well as their officers and employees in general liability, premises liability, Section 1983 claims and state and local Tort Claims Acts matters.
• Construction Litigation
  Construction defect litigation has been a cornerstone of MMP&S since the firm’s inception. Our attorneys have significant experience representing owners, developers, general contractors, construction managers, sub-contractors, suppliers and design professionals in claims arising out of construction defects, fee dispute and delays. We defend all manner of construction claims from the simple to the complex; from those involving single family homes to high-rise commercial and residential buildings, mixed-use complexes, schools, museums, arenas and other public facilities.
• Real Estate Transactions
  MMP&S’s real estate attorneys have extensive knowledge and experience in representing borrowers, developers, owners, and financial institutions in a broad array of real estate transactions from commercial and residential closings to leasing and refinancing. Our experience includes other property related matters, such as zoning and planning boards, guaranty agreements and mechanic’s liens.
• Easement
• Property Damage
  MMP&S has a dedicated team of experienced first-party property insurance defense attorneys.  We represent homeowners insurance carriers in various types of property damage claims from windstorm to flood damage.  The first-party property department also handles the ever-evolving area of assignment of benefits and the defense of those claims by materialmen and contractors in accordance with the latest legislative developments and emerging case law.  The firm handles all aspects of claims from pre-suit coverage analysis and claim investigation to filing at the time the lawsuit is initiated, through trial and appeal.

Health Law

• Personal Injury
  Personal injury claims involving trip/slip and falls on public sidewalks, roadways, park walkways and municipal parking fields
• Medical Malpractice
  The representation of healthcare professionals and facilities requires lawyers with specialized knowledge and expertise in the client’s professional discipline combined with a solid understanding of the applicable law. The MMP&S Healthcare & Medical Malpractice Team takes pride in its ability to analyze and understand the complex medical and legal issues that arise in claims of alleged negligence, malpractice, and misconduct.
• Auto Accidents
• Disability Discrimination

Trusts and Estates

• Estate Planning

Finance Law

• Foreclosure
• Tax Law