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.

NYCTL 2013-A Trust v Heights Houses Corp., ___ AD3d ___ (2nd Dept 2019)(Mr. Golden represented successful bidder at auction on foreclosed property; former owner not permitted to vacate the auction based on claim of lack of service of original complaint.)  

Cascardo v Dratel, ___ AD3d ____ (1st Dept 2019)(Mr. Golden successfully obtained decision affirming that part of lower court's order which indicated party could seek certain relief against her former counsel, under an excessive fee claim.) 

Quadrozzi Concrete Corp. Individual Account Plan & Trust v Javash Realty, LLC, 164 AD3d 1491 (2nd Dept 2018)(Mr. Golden successfully obtained decision affirming lower court's order dismissing a foreclosure action seeking over $700,000, due to the plaintiff's delay in seeking to hold defendant in default.)

DeMartino v Lomonaco, 155 AD3d 686 (2nd Dept 2017)(Mr. Golden successfully obtained decision affirming lower court's order dismissing the complaint, in part due to the fact that plaintiff's claims were barred by collateral estoppel.)

Board of Managers of the Divine Grace Condominium v Ti Ying Yan, 146 AD3d 734 (1st Dept 2017)(Mr. Golden successfully obtained decision affirming lower court's order which had granted his client's motion for partial summary judgment against a unit owner, who had claimed to have paid off certain funds.  Court held that the unit owner was barred from claiming an accord and satisfaction.)

Matter of Heavy Constr. Co., Inc. v Metro Const. Equities, Inc., 130 AD3d 622 (2nd Dep't 2015)(Mr. Golden successfully obtained decision affirming lower court's order which had dismissed mechanics liens against his clients, which totalled sum of $3 million.) 

Welsh v Perfect Renovation, Corp., 129 AD3d 708 (2nd Dep't 2015)(Mr. Golden successfully obtained decision affirming lower court's order which had dismissed a 1.4 million dollar cause of action against his clients for allegedly engaging in the illegal practice of architecture.)

Alam v Alam, 123 AD3d 1066 (2nd Dep't 2014)(Mr. Golden successfully obtained decision which allowed husband in marital case who had failed to appear on scheduled court date, to open his default.  Case was remanded to conduct a new trial.)  

Mansfield Owners, Inc. v Robinson, 45 Misc3d 133(A) (App Term, 2nd Dist 2014)(Mr. Golden obtained partial reversal of lower court's decision, so that final judgment remained in place against tenant, thus potentially allowing landlord the opportunity to obtain legal fees.) 

Barbaro v Spinelli, 121 AD3d 727 (2nd Dep't 2014)(Mr. Golden successfully obtained decision affirming lower court's order which dismissed multi million dollar action against parties who allegedly breached duty to corporate shareholder, as the shareholder lacked standing to seek relief without filing a derivative action.) 

6014 Eleventh Avenue Realty LLC v 6014 AH, LLC, 114 AD3d 661 (2nd Dep't 2014)(Mr. Golden, representing tenant of building, successfully obtained decision affirming lower court's order which denied owner's motion for summary judgment for eviction, as owner did not tender sufficient evidence of unpaid rent.)

Navarro v Singh, 110 AD3d 497 (1st Dep't 2013)(Mr. Golden successfully obtained decision affirming lower court's order which denied defendant's motion to vacate the default judgment, despite inaccurate statements in process server's affidavit of service.)

Auto Gobbler Parts, Inc. v Serpico, 109 AD3d 943 (2nd Dep't 2013)(Mr. Golden represented party which had occupied real property without a deed in its name.  Mr. Golden successfully obtained a decision which affirmed the judgment granting his client with full ownership rights to the land.)

Matter of Thomas v New York City Dept of Education, 103 AD3d 495 (1st Dep't 2013)(Mr. Golden represented teacher who had requested an investigation against school's principal, and court would not allow the teacher to review city records concerning that investigation.  Mr. Golden obtained a reversal, further clarifying the law on FOIL (freedom of information law) requests.  Case was remanded, and court ordered to review the relevant documents in order to determine what must be disclosed to teacher.)   This case was the subject of a front page article in the New York Law Journal.

Hudson Hills Tenant Corp v Stovel, 38 Misc.3d 25 (Sup Ct App Term, 9th & 10th Dist. 2012)(Mr. Golden represented co-op unit owner, who had lost a summary judgment motion, and was subject to eviction.   Mr. Golden obtained a reversal, after demonstrating to the appellate court that the cooperative corporation failed to prove the terms of the lease, whether there was a breach of the lease, of that it had terminated the lease in accordance with its provisions.) 

Florimon v Xu, 97 AD3d 532 (2nd Dep't 2012)(Mr. Golden represented real estate owners, and successfully convinced appellate court to vacate judgment against his clients.  Appellate court held that the parties' stipulation was enforceable despite the plaintiff's claim that the real estate owners did not send it to plaintiff.)

Gershon v Cunningham., 88 AD3d 944 (2nd Dep't 2011)(Mr. Golden represented homeowner, and successfully convinced appellate court to reverse court order which had directed him to remove a portion of his own home, and which had enjoined him from doing any further construction on his home.)  

Johnson v 1476-A Fulton Street Corp., 84 AD3d 1225 (2nd Dep't 2011)(Mr. Golden represented successful bidder on property at foreclosure sale, and defeated owner's motion to vacate the sale.)

Raab v Lefkowitz, 76 AD3d 619 (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 million 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, 43 AD3d 314 (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, 43 AD3d 1004 (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 (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, 21 AD3d 1068 (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., 20 AD3d 443 (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, 13 AD3d 242 (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. 2004)(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., 293 AD2d 206 (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 (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., 282 AD2d 705 (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, 281 AD2d 440 (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, 277 AD2d 116 (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., 275 AD2d 773 (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