Litigation
In today’s litigious environment, being successful requires an understanding of the legal system and how it operates.
This requires developing an expertise in all phases of trial practice including early strategic decisions such as where to sue and who to sue. It also requires critical insight on motion practice and engaging in discovery, as well as the trial itself, judgment enforcement and appeals. Our office has successfully concluded litigation cases in federal and state courts.
The types of litigation generally handled by our office include:
- Appeals & Trials
- Simple Contract Disputes
- Real Estate Litigation
- Complex Contract Disputes
- Homeowners Issues
- Employment Contracts
- Landlord/Tenant Disputes
Representative Cases
- In the matter of Turbo Carpentry Corp. v. Ralph Brancadoro and Luigina Brancadoro, a contractor brought an action against the homeowners to foreclose a mechanic’s lien. The contractors claimed that the homeowners breached a reconstruction contract by allegedly failing to pay the contractor in full for the work performed. The homeowners retained the Thomas Weiss & Associates, P.C. to represent them. Our firm brought a counterclaim for willful exaggeration of the mechanic’s lien and a counterclaim for failing to perform the reconstruction of the premises in a workmanlike manner. Read more about this case.
On January 17, 2007, after a thirteen day trial in which Thomas Weiss, Esq. represented the homeowners, a jury denied the contractor’s claims and awarded the home owners $67,107.29 for willful exaggeration of the mechanic’s lien, $80,000.00 in attorney’s fees and $2,500.00 for failing to perform the reconstruction of the premises in a workmanlike manner.
- In a proceeding where the City of New York stopped providing Section 8 benefits to a low-income tenant and the tenant was about to be evicted, our office brought an action against the City, restored the tenant’s Section 8 benefits and stopped the eviction.
- In an action where an insurance company denied insurance benefits to a business after a loss caused by a windstorm, our office fought for and obtained insurance benefits on the business’s behalf and recovered a total monetary compensation for the damages and business interruption. In another insurance action, Thomas Weiss acted as co-counsel for a country club and successfully obtained a settlement on behalf of the insured in the amount of $300,000.00.
- The Thomas Weiss & Associates, P.C. successfully obtains a dismissal and discharge of a notice of sale and lien on personal property
In this proceeding, respondent was attempting to auction a certain motor vehicle in a public sale to satisfy storage fees that it claimed the Petitioner owed. Upon receiving a Notice of Sale and Lien for the vehicle, Petitioners immediately retained the Thomas Weiss & Associates, P.C. to fight to dismiss and discharge the lien and sale.
Petitioner is the owner of the certain motor vehicle. It was given permission to store the motor vehicle at a facility that it worked with. A few years later, Petitioner learned that the vehicle had been towed to a storage facility by the Respondent. It was Respondent’s allegations that it had the authority to tow and store the vehicle from the facility that the vehicle was parked with. Petitioner failed to receive notice that the facility had authorized for the vehicle to be towed or that Respondent was storing the vehicle.
The Thomas Weiss & Associates, P.C. filed a petition with the Supreme Court of Nassau County seeking to dismiss and discharge the lien and sale.
Accordingly, the Supreme Court granted the petition and the lien and sale was discharged and dismissed on the basis that respondent had failed to obtain authorization from an authorized agent of the Petitioner. Petitioner was granted possession of his motor vehicle without cost to Respondents towards its claim of storage fees.