Szendel PLLC has extensive, broad-based litigation experience and savvy to handle complex commercial and business-related disputes across various industries.  Szendel regularly represents businesses and business owners in state and federal court litigation, arbitration and mediation concerning all aspects of business dealings and disputes, including but not limited to matters involving:

• Commercial and contract litigation
• Business owner, Investor and Shareholder litgation
• Insurance coverage litigation
• Business torts
• Trademark, Copyright and Trade Secrets litigation
• Judgment Enforcement and Collections Proceedings

Representative Matters

A sampling of Adrian Szendel’s representative business litigation matters include the following:

Commercial and Business Litigation and Arbitration:

• Representing property and casualty insurance company in litigation against auditing firm concerning claims for over $70 Million in damages and lost profits resulting from professional malpractice, breach of contract and related claims in connection with the performance of statutory audit. Case pending in commercial division of New York Supreme Court.

• Represented music-industry executive in complex breach of contract litigation arising from startup financing transaction against digital music streaming startup and related entities in commercial division of New York Supreme Court. Recovered six-figure settlement in favor of client after successful mediation.

• Represented school bus and transportation services corporation in litigation in New York federal bankruptcy court seeking to enforce court order and alleged contract in connection with §363 sale of debtor assets. Negotiated settlement to vacate bankruptcy judge’s order and revise transaction on favorable terms to client.

• Represented international manufacture of casino gaming systems in commercial litigation against distributor of specialized electronics components in New York federal court. Case resolved on favorable terms for client including entry of $10 Million money judgment.

• Represented New York City building owner in commercial dispute seeking to advance payments of over $500,000 due on promissory note secured by property. Negotiated favorable settlement completely disposing of claims on behalf of client after filing summary judgment motion.

• Obtained vacatur and cancellation of mechanic’s lien on behalf of Manhattan bar and restaurant in defense of commercial litigation and lien enforcement action brought by contractor stemming from $250,000 construction contract.

• Represented manufacturer of high-end leather products in commercial dispute and judgment enforcement proceeding in New York state court. Successfully obtained dismissal of all claims after vacating default money judgment and preventing forced sale of valuable customized equipment.

• Prevailed on motion to dismiss all claims on behalf of Manhattan bar and investor team in litigation with accounting services company alleging breach of contract and non-payment for services.

• Successfully opposed application for injunctive relief concerning the transfer of certain corporate assets in connection with corporate acquisition on behalf of financial services company in New York federal court.

• Represented financial services company in FINRA arbitration concerning alleged breach of contract and related claims involving acquisition of brokerage firm assets. Case settled on favorable terms after discovery.

Insurance Coverage Litigation:

• Representing interests of primary insurer in an insurance coverage dispute with other insurers concerning multi-million dollar lead paint bodily injury claims and coverage for same under both CGL and homeowner’s policies. Case currently pending in New York state court.

• Hired by insurer to represent insured carpentry contractor in subrogation action seeking to recover over $750,000 for property damages resulting from fire originating in insured’s spray booth. Case settled on favorable terms after extensive discovery and successful pre-trial mediation involving multiple parties.

• Represented policyholder in declaratory judgment action seeking to avoid defense and indemnification in underlying personal injury action based on exclusions in homeowners’ policy. Case successfully resolved with insurer indemnifying client for underlying settlement.

• Counsel for surplus lines CGL insurer in numerous insurance coverage actions in various federal and state courts involving claims of wrongful death, bodily injury and property damage especially relating to construction projects. Achieved victory in several matters by way of summary judgment motions and negotiated favorable multi-party settlement agreements in multiple actions involving claims for millions of dollars in damages.

• Represented major national insurer in complex , multi-jurisdictional insurance coverage litigation between corporate policyholder and numerous primary and excess insurers in federal court involving multi-million dollar long-tail environmental contamination liabilities. Case settled on favorable terms after extensive discovery and filing of summary judgment motion.

• Prevailed on summary judgment on behalf of insurance company against purported additional insured based on cross-liability exclusion in case of first impression for federal court interpreting policy language at issue. Chimbay v. AvalonBay Cmtys., et al., 742 F. Supp. 2d 265 (E.D.N.Y. 2008).

• Represented insurer in complex insurance coverage action in New York federal court seeking to recover on $2 Million insurance policy for damages alleged in numerous litigation matters resulting from building collapse. Case settled on favorable terms after discovery and initiation of third-party litigation.

• Prevailed on summary judgment on behalf of insurance carried after demonstrating insurer’s strict compliance with applicable New York Banking Law in cancelling policy managed through premium financing agency. Apartment Recycle Co. v. AIU Ins. Co., et al., Index No. 601822/04 (New York Supreme Court, 2005).

• Obtained summary judgment for primary insurer in defense of bad faith action commenced by excess insurer. Indemnity Insurance Company of North America v. Transcontinental Insurance Company, et al., Index No. 603492/02 (New York Supreme Court, 2004).

• Represented commercial general liability insurer in defense of subrogation action and declaratory judgment brought by automobile insurer seeking to recover payments relating to accident on insured’s property. Negotiated favorable settlement after conducting key depositions.

Intellectual Property Litigation:

• Represented entrepreneur in defense of trademark infringement, unfair competition and related claims brought by large domestic corporation in New York federal court. Successfully vacated default money judgment and injunction, recovered levied funds and achieved expeditious settlement on favorable terms for client.

• Represented international medical technology corporation in connection with multi-million dollar domestic and cross-border arbitration involving breach of non-compete agreement and theft of trade secrets involving medical imaging hardware, software and firmware. Case settled after extensive discovery and motion practice.

• Represented numerous clients in connection with sending and responding to cease and desist letters and take-down notices involving alleged violations of trademark, copyright and other intellectual property rights.

Please contact us today for an customized consultation to discuss the specifics of your litigation needs and we will develop a detailed results-oriented action plan to achieve your objectives.