Our Court Decisions

A History of Legal Excellence

Rosen Law LLC strives to be the best at what we do — and it shows in our track record. You are welcome to browse through our past court decisions to see how we have previously helped clients succeed in their legal endeavors. While we will vigorously litigate for you, most of the litigation that we handle amicably settle, but the strong and aggressive enforcement of our clients’ rights is what leads to a settlement that satisfies our clients. If you have any questions, or if you would like to speak with us please feel free to contact us.

• LABOR LAW / FAIR LABOR STANDARDS ACT – APPROVAL OF CLASS ACTION SETTLEMENT

U.S. District Court, Eastern District of New York: Preliminary approval of class action settlement in Fair Labor Standards Act case in favor of Rosen Law LLC clients. D’Arpa v. Runway Towing Corp.

• DEFENSE OF ERISA PENSION FUND LITIGATION FOR BREACH OF FIDUCIARY DUTIES

U.S. District Court, Eastern District of New York: We represented defendant pension plan trustee in action for breach of fiduciary duties. We obtained defendant’s verdict at trial in ERISA pension case for breach of fiduciary duties and the court awarded costs and disbursements in favor of our client. Rosen v. Rosen

• GRANTING OF ARBITRATION AWARD CONSTRUCTION LAW

American Arbitration Association: We obtained an arbitration award in favor of our client the general contractor against the homeowner who refused to pay for “extras.” Lunz Development Corp. v. Marjorie E. Dunn

• CONSTRUCTION LAW – PROSECUTION OF ACTION BY GENERAL CONTRACTOR AGAINST HOMEOWNER FOR NEW HOME CONSTRUCTION

Supreme Court, Suffolk County: We obtained an arbitration award in favor of our client the general contractor against the homeowner who refused to pay for “extras”. Our client’s motion to confirm arbitration award. Lunz Development Corp. v. Marjorie E. Dunn

• DEFENSE LAWSUIT ON PROMISSORY NOTE

U.S. District Court, Eastern District of New York: We represented co-defendant who guaranteed a promissory note. We obtained defendant’s verdict for our client in federal court action after bench trial dismissing claims against our client. Es-Tee Realty Co., LLC v. Soumekhian

• Prospect Heights Rising Corp. v. Nagan Ex Inc.

Supreme Court, Suffolk County: We represented landowner in action to vacate mechanic’s lien against. We proved that the mechanic’s lien was invalid. MVC Properties LLC v. Cameron Engineering & Associates LLC

• PROCEEDING TO DISCHARGE MECHANIC’S LIEN

Supreme Court, Kings County: We represented condominium developer in action to vacate mechanic’s lien. We proved that the mechanic’s lien was defective and invalid. Prospect Heights Rising Corp. v. Nagan Ex Inc.

• PROSECUTION OF COMMERCIAL LANDLORD TENANT LITIGATION TO TERMINATE LICENSE AGREEMENT

Supreme Court, Queens County: We represented plaintiff synagogue suing caterer. Commercial Tenant’s motion for a preliminary injunction is denied against our client. Rockwood Park Jewish Center v. J & M Catering

• DEFENSE FORECLOSURE OF A BOWLING ALLEY LITIGATION

Supreme Court, Nassau County: We represented bowling alley owner. The court ruled in our client’s favor denying summary judgment in loan foreclosure action against our client when we proved technical defects with the mortgage and note. Malbec Funding LLC v. 4235 Holding Corp.

• FORECLOSURE OF MECHANIC’S LIEN AND PROVING WILLFUL EXAGGERATION OF MECHANIC’S LIEN

Supreme Court of the State of New York, County of Kings: We represented the owner of a condominium building in lawsuit brought by architect to foreclosure a mechanic’s lien. The court ruled in favor of our client after trial proving that the lienor architect willfully exaggerated a mechanic’s lien and awarded damages to our client from the plaintiff architect. Scarano Architect, PLLC v. 6422 Holding Corp.

• DEFENSE FORECLOSURE OF A HOTEL LITIGATION

Supreme Court of the State of New York, County of Queens: We represented the owner of Holiday Inn hotel in action brought by lender. The court dismissed $22,000,000 foreclosure lawsuit against our client as we proved that the lender was not the holder of the mortgage note. Hall Long Island City, LLC v. Queens Plaza North, LLC

• DEFENSE OF REAL ESTATE BROKERAGE COMMISSION LAWSUIT

Supreme Court of the State of New York, County of Kings: We represented the seller of $9,500,000 building in action brought by real estate broker. The court granted summary judgment in favor of our client because we proved that the real estate broker’s license had lapsed at the time that the broker allegedly brought about the deal. Coldwell Banker Mid Plaza Real Estate Inc. v. Guindi

• LABOR LAW / FAIR LABOR STANDARDS ACT – PROSECUTION AND AWARD OF SUMMARY GRANTED IN UNDERPAYMENT OF WAGES COLLECTIVE ACTION

U.S. District Court, Eastern District of New York: We represented class action plaintiff tow truck personnel in action against employer for violations of the Fair Labor Standards Act and New York Labor Laws. Summary judgment granted in favor of our clients in class action. D’Arpa v. Runway Towing Corp.

• LEAD PAINT LAWSUIT DEFENSE

Supreme Court, Kings County: We represented defendant landlord in a lead paint lawsuit from Plaintiff claiming lead paint injuries caused to infant. The court granted our motion to dismiss lawsuit after seven years of litigation due to Plaintiff’s failure to comply with discovery. Javeed v. 3619 Realty Corp.

• SURROGATE’S COURT LITIGATION

Surrogate’s Court, Nassau County: We obtained order of possession and warrant of eviction to eject former spouse of the deceased. Estate of Anna Marie Brokopp

• LAWSUIT FOR ANTICYBERSQUATTING CONSUMER PROTECTION ACT

United States District Court for the Eastern District of New York: We represented Montana Jewelry in an Anti Cybersquatting Consumer Protection Act, breach of contract claim. Court denied defendants motion to dismiss. Case settled. Montana Jewelry, Inc v. Risis

• COMMERCIAL LANDLORD-TENANT LITIGATION – OBTAINED JUDGMENT TERMINATING 27 YEARS REMAINING ON LEASE

Supreme Court, Kings County, Commercial Division: We represented the landlord in a declaratory judgment action to terminate the 27-year lease due to the tenant’s failure to install a fire alarm. Summary judgment granted to our client and our client awarded attorney’s fees as the prevailing party. PS Food Corp. v. Granville Payne Retail LLC