Successful Cases

 

The following are some of Mr. Golden's cases.  Please note that prior results cannot guarantee or predict a similar outcome on any future matter.

Raab v Lefkowitz, __ N.Y.S.2d __ (2nd Dep't 2010)(Mr. Golden represented architect and related defendants, and successfully moved to dismiss action concerning an alleged encroachment of land.) 

Sunset West LLC v Sutphin Management Corp., 2009 WL 1438193 (Sup Ct. Kings Co. 2009)(Mr. Golden represented plaintiffs, and successfully obtained judgment in their favor in the sum of over 1.7 miillion dollars.  Defendants sought to vacate the judgment on the basis of  illegality of contract.  Plaintiffs defeated the motion, leaving judgment in place.)

Hybred Int'l v Thorne Legal, Inc., 2008 WL 5068896 (East District of New York, 2008)(Mr. Golden represented defendant, and successfully defeated plaintiff's motion for a preliminary injunction against the transfer of stock.) 

Pantelidis v New York City Board of Standards and Appeals, 841 N.Y.S.2d 41 (1st Dep't. 2007)(Mr. Golden represented Petitioner in article 78 petition.  Court held that since petitioner had good faith reliance on building permit, the court properly directed administrative agency to issue variance, without affording the agency to give matter further consideration.)

The Court of Appeals (New York's highest court) affirmed this decision. 

Longobardi v Pennacchio, 841 N.Y.S.2d 469 (2nd Dep't. 2007)(Mr. Golden represented defendant in partition action, and successfully moved to dismiss action.  Court held that  plaintiff's action was barred due to a previous default judgment against his predecessor in interest.)

Breezy Point Co-op., Inc. v Young, 842 N.Y.S.2d 150 (Sup Ct App Term, 2nd & 11th Dist. 2007)(Mr. Golden represented cooperative association, seeking to evict tenant.  Court held that the association's decision to evict tenant was entitled to deference under the business judgment rule, and summary judgment was properly awarded in landlord's favor.)

Snipe v Hennie, 11 Misc.3d 1075(A)(Sup Ct Kings Co. 2006)(Mr. Golden represented building owner; decedent's estate filed suit when decedent was murdered inside building. Court held in building owner's favor after summary judgment motion, because decedent's estate presented no evidence of knowledge of assailant's identity or means of access to premises.)

Morgan v Morgan, 801 N.Y.S.2d 158 (2nd Dep’t 2005)(Mr. Golden successfully represented plaintiff in trial and on appeal.  The plaintiff was properly awarded title to $700,000 residential property despite failure to record deed for 40 years, as defendant was not bona fide purchaser.)

Chand v Stueben Hill Management Corp., 798 N.Y.S.2d 521 (2nd Dep't 2005)  (Mr. Golden represented owner of real property, who sought clean title and vacatur of mortgage.  On appeal, Mr. Golden successfully argued that lower court's decision which only granted him partial summary judgment should be reversed.  Plaintiff was entitled to full summary judgment award of title to commercial property, despite his original purchase under pseudonym.  $300,000 mortgage based on forged deed was vacated.)

Pantelidis v New York City Board of Standards and Appeals, 786 N.Y.S.2d 510 (1st Dep't 2004)(Mr. Golden represented petitioner in Article 78 petition.  Court held that the lower court was not required to remand to administrative agency to determine if petitioner had good faith reliance on building permit.)

Smith-Reyes v Moreland, 799 N.Y.S.2d 164 (Sup Ct App Term, 2nd & 11th Dist. 2007)(Mr. Golden represented defendant against plaintiff who sought to recover rent payments.  Court held that as plaintiff failed to submit written opposition to defendant's motion, the order dismissing the complaint was not appealable.) 

MCI World Communications, Inc. v N. Am. Communications Control, Inc., 2003 US Dist. LEXIS 9212 (Southern District of New York, 2003)(Mr. Golden represented defendants.  Court held that plaintiff which alleged breach of contract had no valid additional claim for fraud; statements in controversy were not collateral to agreement.)

Belt Painting Corp. v TIG Ins. Co., 742 N.Y.S.2d 332 (2nd Dep't. 2002),  affd 100 N.Y.2d 377 (2003)(Mr. Golden represented plaintiff/insured.  Appellate Division reversed trial court's erroneous decision, and Court of Appeals affirmed Appellate Division's decision.  The Court held that a pollution exclusion clause in insurance policy does not refer to internally released paint fumes.  This case was cited by Mealey’s Litigation Report as one of the nation’s ten most significant insurance coverage decisions of the year.)

Fillmore Real Estate, Ltd. v Blasco, 2002 WL 544233 (Sup Ct App Term 2nd & 11th Dist. 2002 )(Mr. Golden represented defendant, a potential vendor of real property, against action filed by real estate broker.  The appellate court reversed the trial court, and held in defendant's favor.  The failure of vendor and prospective purchaser to enter into real estate sales contract barred broker's action.)

Rector of Trinity Church v Chung King House of Metal, Inc.
, 193 Misc.2d 44 (Civil Ct., N.Y. Co., 2002)(Mr. Golden represented tenant.  Court properly ruled in tenant's favor on the issue that the court lacked subject matter jurisdiction to award landlord monetary damages concerning electricity charges.)

Elias Eleni Restaurant Corp. v 8430 New Utrecht Corp., 724 N.Y.S.2d 322 (2nd Dep’t. 2001)(Mr. Golden represented party seeking to uphold arbitrator's decision.  Court properly ruled in his favor, that arbitrator's decision on property value is presumed to be without bias.)

Alston v Gregory, 721 N.Y.S.2d 552 (2nd Dep’t. 2001)(Mr. Golden represented plaintiff.  Appellate court affirmed trial court's determination that the defendant exercised undue influence over grantor of property.)

Kit Ming Corp. v Tsang, 2001 WL 1535465 (Sup Ct. App. Term, 1st  Dist. 2001 )(Mr. Golden represented landlord.  Court properly held that its misnomer of description of premises in its notice was no jurisdictional bar to civil proceeding.)

Ruha v Guior, 717 N.Y.S.2d 35 (1st Dep't. 2000)(Mr. Golden represented vendor/defendant.  Court held that plaintiff could not enforce oral agreement to lease property.) 

State of Oklahoma, ex rel. Crawford v LNP Realty Corp., 713 N.Y.S.2d 537 (2nd Dep’t. 2000)(Mr. Golden represented defendant, sued for $1 million based on sister state judgment.  Court properly held that the sister state judgment cannot be enforced as the sister state had no jurisdiction over the defendant.)

Perri v Delta Air Lines, Inc., 104 F.Supp2d 164 (Eastern District of New York., 2000)     (Mr. Golden represented passenger of airline.  Court held that airline carrier which failed to indicate baggage weight on claim check could not limit liability for lost luggage.)

 

Paul Golden Esq., Hagan, Coury & Associates, 908 Fourth Avenue, Brooklyn, NY  11232.  Phone 718/788-5052