News

Employer Alert - Ban on Salary History Information

In October 2015, New York City employers were banned from asking about applicants’ criminal conviction history during the application and interview process. This required many employers to update their employment applications, interview practices and background check process.

Two years later, beginning in October 2017, employers will be banned from inquiring about applicants’ salary history, requiring employers to revisit their hiring forms, policies and practices once more.

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$1.75 Million Dollar Settlement Reached - Man Hit by Car Sustained Fractures

Plaintiff's Attorney, Eliot Schuman, of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, negotiated a $1.75 Million Dollar Settlement within days of the scheduled start of trial.

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New York State Appellate Division Affirms Order Vacating Judgment of Foreclosure in Tax Lien Foreclosure Action Thereby Preserving Lender’s $4,000,000.00 Mortgage

Our client is the holder of a $4,000,000.00 mortgage on a commercial building in Yonkers, New York, which mortgage was in default.  Simultaneously with our client’s mortgage foreclosure action, a tax lien foreclosure action was pending, in which our client was allegedly served.  The tax lien foreclosure action proceeded to Judgment of Foreclosure and sale thereby extinguishing the $4,000,000 mortgage.  Bradley D. Wank, Esq. obtained a stay of the transfer of the property, and following a hearing on the issue of the validity of service, an Order from the Supreme Court vacating the Judgment of Foreclosure, and dismissing the tax lien foreclosure action against our client.  On Appeal, the Appellate Division affirmed the Supreme Court’s Order, and thereby preserved our client’s $4,000,000.00 mortgage.  T10 Funding v. Baroda Properties, Inc., et. al., --- AD3d ---, 2014 WL1303508 (2d Dept. 2014)

DDWWW Welcomes a New Partner

DDWWW is pleased to announce that STEVEN SCHOENFELD has joined the firm as a partner in the litigation practice group. Steven has more than 20 years’ experience in commercial, corporate, financial, real estate, bankruptcy, intellectual property litigation and related counseling. Previously a partner in the New York offices of Torys L.L.P., Dorsey & Whitney L.L.P. and Robinson & Cole L.L.P., Steven earned a Bachelor of Arts degree, summa cum laude, from Princeton University and a Juris Doctorate from New York University Law School. He is admitted to practice in New York, New Jersey and several federal courts, serves as a member of the American Arbitration Association’s Roster of Neutrals and as an arbitrator and mediator for the New York Joint Committee on Fee Disputes and Conciliation, and is a member of the New York State Bar Association Corporate Counsel Section Executive Committee.

New York State Appellate Division Vacates Mechanic Lien Foreclosure Judgment and Dismisses All Claims Against Surety, Property Owner, and General Contractor

A construction materials supplier to a sub-contractor filed mechanics liens and sued our clients the surety, the general contractor and the owner to foreclose the liens, and to recover on payment bond claims.  The plaintiff sought recovery for $1,000,000.  The Supreme Court dismissed all payment bond claims and granted partial judgment on one of the mechanic lien claims. The Appellate Division affirmed dismissal of all payment bond claims and reversed the grant of partial summary judgment on the mechanic lien claim, and remitted the claim to the Supreme Court for trial.  Following trial, the Supreme Court granted judgment for $530,000 to plaintiff on the mechanic lien claim.  On appeal, Patrick M. Reilly obtained a reversal from the Appellate Division, which vacated the judgment on the mechanic lien claim in its entirety, and dismissed all remaining claims in the complaint against our clients. See Peri Formwork Systems, Inc v. Lumbermens Casualty Company, et al., --A.D.3d--, 2013 WL 5995555 (2d Dept. 2013).

New York State Court of Appeals Affirms Dismissal of A $45 Million Fraud Action Against Title Insurance Underwriter

A purchaser of mortgages sued our client, a title insurance underwriter, for alleged fraud relating to the sale of those mortgages on the secondary market.  The Plaintiff sought recovery of $45 million in damages.  Following the Supreme Court’s denial of a motion to dismiss, Lee S. Wiederkehr and Michael J. Schwarz obtained an order from the Appellate Division, First Department, reversing the trial court’s decision, and granting the motion to dismiss.  Leave to appeal to the Court of Appeals was granted, and the New York State Court of Appeals unanimously affirmed the Appellate Division’s dismissal of the action against our client. See DLJ Mortgage Capital, Inc. v. Kontogiannis, 102 A.D.3d 489 (1st Dept. 2013), aff’d --- N.Y.2d ---, 2013 WL 6008737 (2013).