Howard Arnold Levine

This case involves a divorce action between Rochelle and Harold Grunfeld, focusing on the equitable distribution of the defendant's law practice and law license, as well as maintenance payments. The Court of Appeals held that the Appellate Division erred by basing both the equitable distribution award of half the value of the defendant's law license and his maintenance obligation on the same projected professional earnings, violating the rule against double counting established in McSparron v. McSparron. The court reasoned that while the law practice and license could be valued based on components of future earnings acquired during the marriage, the same income stream cannot be used for both distribution and maintenance calculations. It remitted the case to Supreme Court for recalculation of the license award reduction and affirmed other aspects, such as the valuation date of the practice.

family lawproperty

In this case, petitioners Sage Realty Corp. retained Proskauer to handle a complex $175 million mortgage financing and ownership restructuring involving New York properties, paying about $1 million in fees. After the representation ended and petitioners switched to new counsel, they sought the entire Proskauer file on the matters, but the firm refused to turn over internal documents such as drafts, memoranda, mark-ups, and notes, claiming they were the firm's private property. The trial and appellate courts sided with Proskauer, requiring a showing of particularized need for such materials. The Court of Appeals reversed, holding that absent good cause like third-party nondisclosure duties or purely internal law-firm review documents, a client is presumptively entitled to the full file on a concluded matter for which fees have been paid, as the client funded the work product and needs it to understand ongoing obligations.

procedureproperty

The case involved a dispute over whether the Cayuga-Onondaga Counties Board of Cooperative Educational Services (BOCES) violated Labor Law § 220 by failing to pay prevailing electrician wages to 41 temporary workers it hired for an after-hours lighting ballast replacement project at a member school district. BOCES had classified the workers as seasonal laborers and paid them regular rates without overtime, with the school district reimbursing the costs; the Labor Commissioner, after a hearing triggered by a union complaint, determined this was a public works project requiring prevailing wages and rejected BOCES's civil service exemption claim. The court affirmed the Appellate Division's confirmation of the Commissioner's order, holding that Education Law § 3813's notice-of-claim and one-year limitations requirements did not apply because the proceeding sought to vindicate a public interest in wage enforcement rather than private rights. The core reasoning distinguished public-interest enforcement actions from private claims and found the statutory prerequisites inapplicable to Labor Department proceedings under these circumstances.

labor & employmentprocedure

The case involved a franchise purchaser's claims under the New York Franchise Sales Act against a franchisor and its affiliated companies, officers, directors, and employees, alleging fraud in the sale of marble restoration franchises through misrepresentations about trademarks and undisclosed plans to limit investment. The core dispute concerned the scope of joint and several liability under General Business Law § 691(3) for non-franchisor defendants. The Court of Appeals held that the statute imposes such liability on partners, officers, directors, controlling persons, and employees only if their actions materially aided the violations. This interpretation followed from the plain statutory language and structure, leading the court to dismiss the claims against most non-franchisor defendants while allowing one to proceed.

business & regulatoryprocedure

The case involved the conviction of defendant Shannon Siegel on charges including first- and second-degree assault, conspiracy, riot, and weapons possession arising from a group attack on an African-American teenager following a confrontation at a party on Long Island. Defendant appealed, primarily challenging the trial court's handling of defense witness Gourdin Heller's assertion of his Fifth Amendment privilege against self-incrimination during cross-examination, as well as certain remarks in the prosecutor's summation. The Court of Appeals affirmed the conviction, holding that the trial court's advisements to the witness about potential perjury risks and the subsequent invocation of the privilege were proper and did not violate defendant's rights, and that any summation issues were not preserved or prejudicial. The court concluded there was no basis for reversal.

criminal lawcivil rights

This case involved minority stockholders in nine family-owned close corporations, each owning a single parcel of New York City real estate, who dissented from a 1986 vote to transfer the assets to a new partnership and exercised their appraisal rights under Business Corporation Law § 623 to obtain the fair value of their shares. After stipulating to the corporations' net asset values, Supreme Court determined fair value by applying a 21% discount for lack of marketability to the petitioners' proportionate share of those values, rejecting a larger discount proposed by the corporations' expert. The Court of Appeals reversed and remitted the matter, concluding that Supreme Court had erroneously adjusted the expert's 30.4% unmarketability discount downward by subtracting an element for minority status that was not present in the calculation. The expert had derived the discount solely by comparing prices of registered, publicly traded minority shares to the prices of the same unregistered minority shares sold in private placements, so the discount reflected only illiquidity without an embedded minority-interest reduction. The court therefore directed a new determination of the appropriate unmarketability discount to apply to the net asset values.

business & regulatory