Accomplishments

The settlements, verdicts and successes presented here are illustrations of past accomplishments wherein Brem Moldovsky, L.L.C. and/or Brem Moldovsky, Esquire acted as primary counsel, co-counsel or consulting counsel. Brem Moldovsky, L.L.C. does not and cannot guarantee specific results on any case.

Each case must be analyzed on its own with respect to many unique factors. Aside from the results listed here, Brem Moldovsky, L.L.C. has been involved with many other cases and transactions. Often cases are resolved and realistic goals are achieved by pragmatic problem-solving, early and ongoing negotiations and good communications.

Achieving great results for clients is often less about high-numbered, media friendly results, but rather it is about securing realistic client goals, efficiency and closure. Therefore, while the following is illustrative of past successes of Brem Moldovsky, L.L.C., it is not fully representative of all of the accomplishments achieved for clients in the various areas of law practiced by Brem Moldovsky, L.L.C. Prior results do not guarantee a similar outcome.

Commercial, Business, Real Estate, Employment and Estate Claims

Municipal sewer flood, business interruption

$2,500,000.00
Breach of Contract for services and labor; construction industry
$750,000.00
Recovery of in excess of $750,000 on behalf of 10+ clients in commercial claims vs major entity for breach of contract and related claims
$750,000.00
Breach of contract, wrongful termination, discrimination, employment; medical services industry
$700,000.00
Breach of Contract, failure to pay Fees and Commissions due for successful mortgage and equity financing; context $250 Million real estate development
$450,000.00
Position change and recovery in estate undue influence case
$400,000.00
Breach of contract, wrongful termination, discrimination, employment; manufacturing heavy & precise machinery industry
$270,000.00
Recovery on behalf of trust of life insurance proceeds that client could not recover without help and another law firm stated by law they did not think this recovery could occur
$250,000.00
Recovery in multi-state, international commercial (marketing oriented) litigation
$180,000.00
Breach of contract, shareholder rights, notice of pendency
$110,000.00
Enforcement of medical professional’s contractual rights
$50,000.00
There have been in excess of 10 claims seeking in excess of $50,000.00 that resulted in recoveries in excess of $50,000.00
There have been in excess of 10 claims where clients were sued or made subject to claims for in excess of $50,000.00, and the matters resolved with the client paying nothing or less than 10% of the claim

Noteworthy Verdict:

Successful jury verdict for negligent misrepresentation in the real estate and leasing industry based upon an oral promise (that was not included in the over 200 pages of written integrated contracts) originating approximately 15 years before the breach of the promise

Noteworthy Decisions:

2017 New York State Appellate Court Decision, as reported in the New York Law Journal, in favor of Brem Moldovsky’s client unanimously overturning the trial court’s refusal to allow for the filing of a third amended complaint in a case involving claims of fraudulent conveyance, fraud, alter ego, corporate successor and other causes of action

2017 New York State Supreme Court New York County Commercial Division Decision (upon referee and discovery procedures) dismissing all corporate Defendants and one individual Defendant (of two) based on the initial motion to dismiss the multi-million dollar claims

2016 Federal District Court for the Middle District of Pennsylvania Decision granting motion transferring the case to Federal District Court in Florida

2014 New York State Supreme Court Kings County Commercial Division Decision, as reported in the New York Law Journal and on Law.com, granted a motion by Brem Moldovsky dismissing all claims against Brem’s client based on the defense of criminal usury in a case involving real estate transactions and financing

2012 New York State Appellate Court Decision, as reported in the New York Law Journal, in favor of Brem Moldovsky’s client unanimously overturning trial court’s decision dismissing fraudulent convenance claims stemming out of $20 million dollar real estate transaction

2012 Pennsyvania Trial Court Opinion confirming terms of settlement in favor of Brem Moldovsky’s client and obviating basis for appeal in leasing dispute matter involving $2 million yearly tenancy

2012 Landlord Tenant Court Decision in favor of Brem Moldovsky’s client determining that Landlord Tenant complaint involved ownership and estate matters not within the Landlord Tenant Court’s jurisdiction

Summary Judgment dismissing all claims against Brem Moldovsky’s clients, and Summary Judgment against the developer awarding Judgment in favor of Brem Moldovsky’s client on its claim for breach of contract based upon the developer’s failure to pay fees for mortgage and equity financing and real estate acquisition and development consultation on a $200 million NYC real estate development project

Victory on behalf of media company on distinction between employee and independent contractor that was decided in Brem Moldovsky’s client’s favor by a New York State Appellate Court; thereafter, the NY State’s Attorney General’s petition for the matter to be heard by NY State’s highest Court was denied, as was sought in Brem Moldovsky’s position to the Court

Will overturned by appellate court in a case that went to the PA Supreme Court with multiple visits to the PA Superior Court and included recovery of the entire estate as held by the estate at the time of the recovery; recovered estate assets included a rare book collection, real estate and valuable collectibles

Numerous matters involving Beth Din’s, including a case on behalf of a prominent Rabbi and author and a fund manager/lender where a Beth Din award was confirmed and numerous Orders for punishment issued

Noteworthy Orders:

2016 Pursuant to a motion for sanctions for discovery violations in a hotly contested litigation over ownership of various investments, the trial court issued sanctions, which were upheld on appeal, and these sanctions were the first issued by this trial court in twenty years

Successful pursuit of client goals in achieving Court Orders removing attorneys from their roles in 2 estates and a civil case

Successful defense against a commercial tenant’s attempts to achieve a court order compelling the commercial landlord to consent to a lease assignment that had been rejected by the landlord

Noteworthy Successes:

In 2008 in the Commercial Division of New York County’s Supreme Court, upon a strong defensive motion and activities to counter sue and join other parties, the Plaintiff agreed to withdraw its multi-million dollar suit against and to totally release Brem Moldovsky, L.L.C.’s clients

In 2011 in the Commercial Division of New York County’s Supreme Court, after approximately half a decade of litigation, Brem Moldovsky, L.L.C.’s client achieved a so ordered settlement agreement securing rights to payment of ten percent of the developers’ profits and in excess of ten percent of the developer’s fees upon the developers’ success in a a quarter billion dollar luxury residential real estate development project

Personal Injury and Property Damage Claims

$13,500,000.00 Accident involving break failure that led to paralysis
$400,000.00 Passenger in fatal auto accident
$225,000.00 Passenger in auto accident
$165,000.00 Recovery of insurance proceeds from commercial and residential fire/soot damage
$155,000.00 Recovery of insurance proceeds related to winter storm damage at farming and commercial facility
$125,000.00 Passenger in auto accident
$50,000.00 There have been in excess of 10 claims seeking in excess of $50,000.00, and resulting in recoveries in excess of $50,000.00
$ .00 There have been in excess of 10 claims where clients were sued or made subject to claims for in excess of $50,000.00, and the matters resolved with the client paying nothing or less than 10% of the claim

Business and Real Estate Transactions

Brem Moldovsky, L.L.C. has handled many successful sales of businesses and commercial and residential real estate and franchises for sellers, buyers and lenders. As well as various phases of sale and purchase of businesses from due diligence to closing. Brem Moldovsky, L.L.C. have reviewed, drafted and litigated hundreds of commercial leases from modest amounts to $250,000+ per month level.

General Practice

Basic Estate Planning, Wills and Trusts

Brem Moldovsky, L.L.C. has been reviewing, advising and drafting in estate planning work since the early days of its existence and continues to work on these matters and be referred such matters by past clients and other attorneys.

Employment Law

We handle transactional and litigation aspects of employment law. Our work has included drafting and reviewing corporate employee handbooks, employment agreements, independent contractor agreements, settlement agreements in the employment context, employment related governmental investigations, charges and complaints and litigation.

We have dealt with cases involving allegations of discrimination, hostile work environment claims, wrongful taking of corporate assets, wrongful use of computer and computer information, breach of confidential information, anti-competition clauses and other issues.

Our firm has represented both sides of employment contracts in various industries. Brem Moldovsky has successfully been to two state’s highest courts on employment cases

International Law

(Within the confines of being licensed only in the States wherein the firm practices)

Experience in transactional deals between parties.

Involved with litigation and transactional work with international dimensions, parties, variables and ramifications. Work on coordinating litigation in this country with litigation in another country and having to apply international legal concepts and other countries laws in American courts.

On the transactional side we have successfully drafted reviewed and set up corporations, corporate structuring, agreements, transactions and deals where some or more of the deal, or contemplated activities was to take place abroad or involved variables outside the United States of America.

Consumer Claims

This firm has successfully represented on and/or defended against consumer claims, consumer fraud claims, fair debt collection act claims, lending irregularities and inadequate disclosure claims, lending irregularities claims, home and business construction, remodeling and improvement claims and other such claims, in various industries.

Insurance Policy Review and Assessment

We have been in many situations of advising, consulting and various services for insurance policy review and assessment, insurance coverage and obtaining coverage issues and related.

Mediation, Arbitration and Negotiations

We have participated in many mediations, arbitrations and negotiations (in and outside of the litigation context), including many cases successfully resolved and/or concluded thereby, including but not limited to claims involving commercial, real estate, property damage, employment, education, various civil claims and other issues.

Criminal Law

Successes in criminal cases include cases where the verdict was not guilty, charges were dropped, good client-tailored deals and sentences were achieved, challenging downward departure motions were granted, important suppression motions were granted, and property sought by the Government for civil forfeiture was returned.