Category Archives: Laches

Dispute Over Ownership of Family Business Keeps Conversion Claim Regarding Business Records Alive: Gardner v Leitgeb & Vitelli, LLP

By Matthew D. Donovan on March 6th, 2012 Posted in Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3212, Derivative Actions, Industry: accounting, Justice Emerson, Elizabeth, Laches, Malpractice, Suffolk, Summary Judgment

In a February 17, 2012, decision by Justice Emerson, the court granted defendants’ motion for summary judgment dismissing plaintiffs’ claims for breach of fiduciary duty, breach of contract, and professional malpractice but denied defendants’ motion as to plaintiffs’ conversion claim. Plaintiff-shareholders sued defendant-accountants, claiming that they suffered damages as a result of their accountants’ failure to… Continue Reading

Passionist Communications, Inc. v. Arnold, Sup Ct, Westchester County, May 26, 2009, Scheinkman, J, Index No.14339/07

By Aaron Zerykier on August 25th, 2010 Posted in Constructive Trust, Judgment Notwithstanding Jury Verdict, Laches, Westchester

In a May 26, 2009 decision, Justice Scheinkman denied plaintiff’s motion to overturn a judgment notwithstanding a jury verdict, or, in the alternative for a new trial. The Court found that the defenses closing statement was accurate, that plaintiff failed to object to the closing at trial or to respond to the allegedly impermissible statements in… Continue Reading