LITIGATION AND ARBITRATION

COMMERCIAL LITIGATION, CONSTRUCTION LITIGATION AND ARBITRATION

Ms. Murphy has prosecuted and defended a wide variety of commercial claims in New York, Bronx and Westchester counties, in federal and state courts.  A representative sample of the claims she has defended includes:

  • Breach of contract: represented home owners and contractors in lawsuits over nonpayment of services, missed completion deadlines, scope of work disputes and misappropriation of construction funds.
  • Breach of contract: represented contractors and sub-contractors working on commercial projects on claims against owners for nonpayment of services.
  • Breach of partnership agreements: represented partners, shareholders and LLC members in claims for breach of contract, misappropriation and breach of fiduciary duties; maintained accounting proceedings and asset discovery proceedings.
  • Landlord/tenant: represented landlords and tenants in proceedings for nonpayment of rent, nuisance, squatting and constructive eviction due to environmental defects, under both residential and commercial lease agreements.

NOTABLE CASES

Successfully defended local Mamaroneck couple against a lawsuit by the purchasers of their house, for claims of misrepresentation and fraud.  Buyers alleged that seller failed to notify them of flooding problems.  The Appellate Division upheld two crucial provisions in the contract: (1) the buyers were obligated to perform their own investigation and accepted the property in “As Is” condition; and (2) none of seller’s representations survived closing.

Successfully defended business client against claim for breach of partnership agreement based on the opening of a similar business in a new territory allegedly owned by the former partnership.  District Court denied partner’s claims for trademark infringement and violation of franchise agreement. 

Successfully defended business owner against claims for violation of RICO statute, fraud, misrepresentation and breach of contract.  District Court agreed that the allegations were not pled with particularity and dismissed all claims.