Wotman Law PLLC | Experience
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  • Representative Commercial and Civil Litigation Cases
     

    • Representation of executors and beneficiaries of deceased 25 percent partner’s estate in real estate company consisting of a 270 unit apartment complex in New York City against surviving 75 percent partners in action for accounting, breach of fiduciary duties and mismanagement resulting in fair market value (as opposed to lower statutory date of death valuation) negotiated sale of entire partnership property for $39.5 million and payment of 25 percent fair market value share of sale proceeds to beneficiaries of deceased partner’s estate. Supreme Court, Nassau County, Commercial Division.
    • Defended majority partner in New York general partnership that owns unsold shares in cooperative corporation for apartments in Manhattan in complex litigation against allegations by minority partner for mismanagement, conversion, and breach of fiduciary duty resulting in settlement of all claims and negotiated sales of unsold units to the public and distribution of profits to partners. Supreme Court, New York County, Commercial Division.
    • Representation of property owner in lawsuit against Encompass, Division of Allstate Insurance Company, under insurance policy after major water damage to property. The Appellate Division, Second Department, reinstated the claims against Encompass for damages under New York’s General Business Law Section 349 and violations of New York Insurance Law Section 2601 for deceptive business practices through a general policy of denying, delaying and defending against such claims with respect to plaintiff and other similarly situated policy holders in order to force property owner and other policy holders into woefully inadequate claim settlements and upholding claim for punitive damages. Ural v. Encompass, Supreme Court, Nassau County and Appellate Division of the Supreme Court of the State of New York, 97 A.D.3d 562; 948 N.Y.S.2d 621 (2d Dept. 2012); as reported in NYLJ July 9, 2012, Court Decisions at pg.18, col.5. This precedent setting case in New York has been followed by other courts. View Ural v Encompass Case & Blog Citations
    • Obtained $8,708,490 Judgment, including $3 million in punitive damages, plus prejudgment interest, from a Manhattan jury after an 11-day trial in a legal malpractice case where an attorney and his clients defrauded plaintiff 50 percent shareholder out of her rightful share and control of a family owned Manhattan real estate company, reported in The New York Jury Verdict Reporter. NY Jury Verdict Reporter Verdict
    • Representation for five years of Federal Receiver over National Heritage Life Insurance Company, in liquidation, appointed by the United States District Court for the Southern District of New York. Mr. Wotman recovered, through a number of federal and state court civil litigations, millions of dollars in stolen assets from Sholam Weiss and his cohorts who were disgraced members of the Hassidic Satmar Religious Sect of Borough Park, Brooklyn. Mr. Weiss stole over $450 million from National Heritage Life through various “mind numbing” schemes including falsified real estate appraisals, leases and mortgages. National Heritage had issued life insurance policies to over 30,000 residents of the State of Florida and was placed into liquidation by Delaware State Regulators. National Heritage was the nation’s largest ever insurance fraud according to the New York Daily News. Mr. Weiss was ultimately convicted and sentenced by the United States District Court in Orlando, Florida to 180 years in a federal penitentiary, one of the longest white-collar sentence ever imposed in the history of the United States. The case was the subject of a segment piece on CBS’s “Sixty Minutes,” CNBC’s “American Greed” and various articles in The New York Times. Donna Lee Williams, Insurance Commissioner of The State of Delaware v. LPDA Acquisition Corp., et al., United States District Court for the Southern District of New York.
    • Representation of buyer of antique art work in William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh, 99 A.D.3d 270, 952 N.Y.S.2d 197 (2d Dept. 2012) which held that New York State law requires that buyers of artwork be given names of sellers in post-auction paperwork for the auction sale to be become binding, reversed, 22 N.Y.3d 470, 5 N.E.3d 976, 982 N.Y.S.2d 813 (NY 2013)(absentee bid satisfied Statute of Frauds); as reported on the front page of the Arts Section of The New York Times, “Lawyers Fight to Keep Auction Sellers Anonymous.“  The case has been cited in numerous art and auction industry articles in the United States and abroad, blogs and books on auctions and art law as well as by law firms active in the field and cited in subsequent cases. View Jenack Citations List 
    • Defense of heavy weight boxer ranked number two in the world in action by former trainer who previously trained Sugar Ray Leonard for breach of contract in connection with bouts against Mike Tyson. Janks Morton v. Donovan “Razor” Ruddock, et al., U.S. District Court, Southern District of New York.
    • Defended heavy weight boxer ranked number two in the world in action by world famous boxing promoter for breach of contract. Don King Productions v. Donovan “Razor” Ruddock, et al., U.S. District Court, Southern District of New York.
    • Representation of Parts Authority, Inc., nationwide auto parts supplier, in connection with prosecution of bankruptcy litigation against Chapter 7 and Chapter 11 debtors and analysis of bankruptcy filings.
    • Representation of law firm partners in connection with dissolution and winding up of law firm partnership.
    • Representation of hundreds of sub-dealers in wireless communications industry in litigation against Master Dealer and Nextel for non-payment of commissions resulting in 100 percent distribution to priority creditors and 44 percent distribution to general unsecured creditors. In re M&M Wireless Communications, Inc.; Pergament v. Nextel of New York, Inc., et al, U.S. Bankruptcy Court, Eastern District of New York.
    • Representation of prominent Long Island manufacturer against office manager for long term theft of hundreds of thousands of dollars through falsified check writing scheme, falsification of accounting records and destruction of corporate banking records resulting in recovery of substantially all stolen corporate funds through use of attachments of bank accounts and notice of pendency on defendants’ properties. Supreme Court, Suffolk County.
    • Representation of worldwide buyer and seller of used medical diagnostic imaging equipment in lawsuit against key employees for breach of confidentiality and non-compete clause in employment contracts and theft of confidential database information resulting in settlement agreement at trial prohibiting former employees from using database information and contacting suppliers. Supreme Court, New York County, Commercial Division.
    • Representation of Manhattan commercial real estate brokerage leasing company against employee for theft of confidential proprietary business leads information.
    • Representation of individual defendant managing director of apparel manufacturer licensee relating to dispute between owner of Bon Jour trademark for line of apparel and licensor in lawsuit resulting in complete dismissal of third party action against individual managing director. Supreme Court, New York County, Commercial Division.
    • Defense litigation on behalf of various commercial real estate owners, builders and warehouse operators in large personal injury and labor law lawsuits where commercial property liability insurance carriers denied coverage and defense of action; prosecution of declaratory judgment actions against insurance carriers for improper denial of coverage.
    • Representation of commercial electrical contractor in successful defense of claims by Hilton Hotel in Manhattan Hotel for fire damage through use of Cause and Evaluation Experts.
    • Surrogate’s Court litigation, including conduct of discovery and turnover proceedings to recover monies and assets stolen from decedents on behalf of estates, removal of executors, trial of will contests, estate tax matters, fiduciary income tax matters, recovery of monies owed to estates.
    • Probate of Estates in New York Surrogate’s court, administration and sale of assets and distributions to beneficiaries.
    • Representation of prominent jewelry designer for prestigious international luxury jeweler in Manhattan in lawsuit regarding breach of joint venture agreement to buy and sell diamonds and design jewelry worth millions of dollars. Supreme Court, New York County.
    • Construction litigation on behalf of large steel fabricator of commercial buildings in New York in connection with defense of claims by subcontractors and removal of mechanics’ liens.
    • Representation of employers in connection with litigation involving claims against New York worker’s compensation group self-insurance trusts.
    • Representation of claimant before New York State Liquidation Bureau as ancillary receiver of Home Insurance Company in liquidation resulting in payout of claim from Liquidation Bureau Fund substantially close to limits of underlying claims made insurance policy.
    • Counseled Approved Fire Prevention Corp., fire suppression, testing and inspection company, in dispute resolutions with property owners, construction companies and insurance carriers over insurance coverage issues, and origin and cause investigations of water damage and fire claims.
    • Representation of Art Dealer in claims against Sellers for misrepresentations as to provenance and authenticity; worked extensively with qualified art experts.
    • Prosecuted lawsuit on behalf of United States art dealer against prestigious European auction house for selling an antique that was a forgery.
    • Represented buyer of business in lawsuit to set aside seller’s note and mortgage issued in connection with acquisition of business based upon misrepresentations concerning financial and physical condition of business resulting in cancellation of note and mortgage and damages. Supreme Court, Westchester County.
    • Representation of various construction companies in Queens, New York in various actions in Queens Supreme and Civil Court relating to construction jobs.
    • Representation of union members of Building Service 32BJ Legal Services Fund in various litigations and real estate matters.
    • Mr. Wotman was an integral part of litigation team in representing a major newspaper company in lawsuit against manufacturer of newspaper processing equipment regarding substantial defects resulting in favorable settlement. U.S. District Court, Southern District of New York.
    • Mr. Wotman was a principal member of the corporate/litigation team that defeated Victor Posner in his attempt to stop the merger of Peabody with The Pullman Company, a subsidiary of Allied-Signal. This lawsuit on behalf of a target company against an insurgent stockholder for federal securities law violations and attempted bribery resulted in a five-year standstill agreement and sale of stock interest by the insurgent stockholder. Peabody International Corporation v. Victor Posner, et. al., U.S. District Court, D. Conn.; Wall St. J., at 1, col. 2
    • Mr. Wotman was an integral member of the litigation team that won the Sam Heyman/GAF Proxy contest wherein the first insurgent shareholder unseated an existing board of directors of a major U.S. corporation. This action was on behalf of a dissident stockholder against the Chief Executive Officer and Board of Directors for violations of federal proxy solicitation rules and mismanagement for purposes of perpetuating control that resulted in the election of dissident slate of directors. Samuel J. Heyman v. GAF Corporation, et. al., U.S. District Court, SDNY; N.Y. Times, at 2, col. 5, Section D
    • Prosecution of appeal in products liability action on behalf of Mobil Oil resulting in reversal of Appellate Term’s order denying motion to dismiss cause of action against Mobil. New York Telephone Company v. Mobil Oil Corp., et. al., 99 A.D.2d 185, 473 N.Y.S.2d 172 (1st Dept.); N.Y.L.J., at 1, col. 6.
    • Mr. Wotman was an integral member of the trial team during a 30-week trial on behalf of 52 pilots and engineers against TWA and Saudi Arabian Airlines for breach of lifelong employment contracts resulting in favorable verdicts and settlement. Benjamin Frank Cain, et. al. v. Trans World Airlines, Inc., 549 F. Supp. 963, U.S. District Court, Southern District of New York.
    • Mr. Wotman was member of the defense trial team during a ten-week trial on behalf of co-defendant Robert Pierce, executive of Mego International Toy Company, resulting in acquittal on charges of tax evasion and mail fraud. United States of America v. Martin B. Abrams, et. al., 543 F. Supp. 1184, U.S. District Court, Southern District of New York; N.Y. Times, at 16, col. 1, Section D.
    • Mr. Wotman conducted and argued appeal as youngest member of Second Circuit’s Criminal Justice Act Panel on behalf of defendant from conviction for armed robbery. United States of America v. Arthur Sullivan, 694 F.2d 1348. U.S. Court of Appeals, 2d Cir.
    • Defense of appeal from District Court judgment against DuPont for tortiously interfering with contract between Prentice-Hall and Zilg, author of book entitled DuPont: Behind the Nylon Curtain for listing with the Book-of-the-Month Club. Gerald Colby Zilg v. Prentice Hall, Inc. and E.I. DuPont De Nemours & Co., Inc., 717 F.2d 671, U.S. Court of Appeals, 2d Cir.; N.Y. Times, at 17, col. 1, Section A.
    • Preparation and conduct of trial for attorneys’ fees in trust and estates action resulting in favorable decision. Mound v. Bartos, Supreme Court, New York County.
    • Prosecution of appeal in breach of sales contract action resulting in affirmance of bankruptcy court’s disallowance of supplier’s claim. R.A. Gilbert, Trustee v. S ‘n S Inc. (In re The Washington Group, Inc.), U.S. Court of Appeals, 4th Cir.
    • Action of behalf of movie producer against motion picture company, distributors and limited partnership syndication for breach of financing agreement, improper sale of copyrights and distribution rights in several motion pictures. Leone International Films, Inc v. Allied Artists Pictures Corporation, et al., Supreme Court, New York County.
    • Actions by reinsurance company against primary insurance company for breach of reinsurance agreements. Savoy Reinsurance Company, Ltd. v. CNAC, U.S. District Courts, New Mexico, Texas and Florida.
    • Defense of action against pita bread manufacturer by competing pita bread manufacturer for trademark infringement. Royal Pita, Inc. v. Mediterranean Pita, U.S. District Court, Eastern District of New York.
    • Defense of action by one shareholder against another for violations of buyout agreement. Sussal v. Executive Button, Supreme Court, Nassau County
    • Prosecution of claim against Prudential Bache Securities, Inc. on behalf of Securities Brokerage Firm for breach of clearing agreement, violations of securities laws and RICO. Sandhurst Securities v. Prudential Bache Securities (In re Sandhurst Securities), U.S. District Court, Southern District of New York.
    • Prosecution and Trial of Several Will Contests on Behalf of Contestants in Surrogate’s Court Resulting in Successful Settlements.
    • Mr. Wotman was integral part of litigation team in connection with prosecution of action by foreign bank against investment banking house for participation with retailer in submitting false financial statements of retailer to induce bank to lend funds to buy out principals of investment banking house of interests in retailer. Copenhagen Handelsbank v. Drexel, U.S. District Court, Southern District of New York.
    • Representation of Chartwell Realty Partners, Real Estate Syndicator, in Defense of Fraud Claims by Limited Partners in U.S. District Court, Southern District of New York.
    • Defense of president of general partner of real estate limited partnerships against federal securities fraud charges. Morin v. Trupin, et al., U.S. District Court, Southern District of New York.
    • Prosecution of claim for margin calls on behalf of West German brokerage house resulting in favorable settlement. Orimex Trading Corp. v. Berman, Supreme Ct., New York County; Appellate Division 1st Dep’t.
    • Prosecution of claim for return of illegal foreign kick back payments on behalf of principal against agent resulting in sizable settlement. Halley Optical Corp. v. Jagar International, U.S. District Court, Southern District of New York.
    • Prosecution of action on behalf of investment banking advisor against public company for failure to honor investment banking agreement resulting in favorable settlement. Sobel v. Mizlou Communications, United States District Court, SDNY.
    • Defense of air courier company, its principals and attorneys in RICO action resulting in dismissal of virtually all causes of action in forty (40) page court decision after four amended complaints. Garner v. May Courier America, Ltd., et al., U.S. District Court, Eastern District of New York.
    • Prosecution of trademark infringement action for unlawful use of trade name. Sports News Network v. Mizlou Communications, U.S. District Court, Southern District of New York.
    • Defense of principal officers of brokerage house in securities fraud action by investors. Castelazo v. Vallen, U. S. District Court, Southern District of New York.
    • Prosecution of action on behalf of borrower for lender liability claim against bank. Glazier v. Crossland Savings Bank, Supreme Court, Kings County.
    • Representation of general partner against other general partner, construction company and lender for fraudulent and unauthorized Chapter 11 filing seeking to unlawfully remove general partner’s interest and participation in development and operation of marina complex. North Unity Corp., et al. v. Carlyle Northport Marina Associates, Carlyle Construction Corp., Citibank, N.A., et al. (In re Northport Marina Associates), U.S. Bankruptcy Court, Eastern District of New York.
    • Defense of one general partner against claim by other general partner for breach of partnership agreement. Carlyle Northport Marina Associates v. North Unity Corp., American Arbitration Association (New York Office).
    • Defense of individual guarantors against mortgage foreclosure proceedings. Citibank, N.A. v. Joseph Weinstein, Allen Weinstein, Paul Lawrence, Robert Lawrence, North Unity Corp., et al., Supreme Court, Suffolk County.
    • Defense of supplier in preference action by debtor/manufacturer. Maxway v. New Era Knitting Mills, U.S. Bankruptcy Court, Western District of North Carolina.
    • Prosecution of proceedings by substantial personal injury claimant against bankrupt hospital resulting in agreement to allow claimant to recover against hospital’s medical malpractice trust fund and to lift automatic stay to allow trial of medical malpractice action in U.S. District Court to proceed forward. Burg v. Brunswick Hospital (In re Brunswick Hospital), U.S. Bankruptcy Court, Eastern District of New York.
    • Prosecution of RICO action against executrix and beneficiaries of estate). Slater v. Carnevale, U.S. District Court, Eastern District of New York.
    • Antitrust review and compliance in connection with acquisition by Raytheon of microwave computer chip manufacturing division of Texas Instruments.
    • Prosecution of breach of independent power producer’s contract with NYS Public Electric Utility Company. Sithe Energies Corp. v. Mohawk Power Authority, Supreme Court, New York County.

  • Representative Real Estate Litigation Cases
     

    • Investigation on behalf of Federal Receiver appointed by U.S. District Court, Southern District of New York, into $450 million fraud on insurance company in liquidation and prosecution of commercial mortgage foreclosure and guaranty actions against indicted defendants Sholam Weiss and co-defendants to recover real estate assets on behalf of Delaware Insurance Commissioner. Donna Lee Williams, Insurance Commissioner of The State of Delaware v. LPDA Acquisition Corp., et al., U.S. District Court, Southern District of New York.
    • Represented buyer of commercial building in Manhattan against seller in lawsuit for specific performance resulting in court decision and judgment directing transfer of property and award of attorneys’ fees against seller and its law firm, directing that if seller fails to comply, New York County Sheriff will convey the property resulting in seller complying with court’s directive and conveyance of title at closing. Supreme Court, New York County.
    • Representation of 50 percent investor in multiple apartment buildings in New York City against managing member for failure to pay return on investment and profits resulting in judgment against managing member. Supreme Court, New York County, Commercial Division.
    • Successful defense of lawsuit against seller of 20-unit apartment building against claims of purported buyer of property who had no contract in writing resulting in dismissal of action under New York’s Statute of Frauds. Supreme Court, Queens County.
    • Representation of buyer of commercial property in lawsuit against seller over undisclosed restriction in original deed from City of New York resulting in cancellation of sale and return of down payment. Supreme Court, New York County.
    • Defense of homeowner in proceedings by Village Board of Zoning and Appeals in administrative proceedings to enforce Village Code restrictions against homeowner. Kings Point, New York.
    • Successful defense of seller of commercial property in Manhattan against lawsuit by buyer as to alleged misrepresentations of commercial leases. Supreme Court, New York County.
    • Outside General Counsel for New York Mortgage Banker, including litigation, corporate, audit and regulatory matters.
    • Defense of home builder in various lawsuits by buyers, contractors and subcontractors in New York State Supreme Court in Kings, Queens, Bronx and Nassau Counties.
    • Successful representation of buyer of commercial property in Manhattan in lawsuit against seller for cancellation of contract of sale due to exceptions to title, resulting in court decision denying buyer’s claim for specific performance and settlement cancelling contract and return of down payment. Supreme Court, New York County.
    • Representation of buyer of vacant lot in Nassau County against seller for specific performance of contract of sale in lawsuit resulting in settlement and closing of title. Supreme Court, Nassau County.
    • Representation of buyer of building in Manhattan against seller for specific performance of contract of sale in extensive litigation resulting in judgment dismissing specious fraud claims forcing closing of title. Supreme Court, New York County, Commercial Division.
    • Representation of buyer of building in Manhattan against seller for specific performance of contract of sale in lawsuit resulting in closing of title. Supreme Court, New York County, Commercial Division.
    • Representation of buyer of property from Church located in Manhattan in proceedings to obtain Supreme Court approval and permission from New York State Attorney General’s Office under New York’s Religious Corporation Law.
    • Representation of owner of petroleum bulk storage facility in proceedings by New York State Department of Environmental Conservation resulting in settlement.
    • Representation of builder of homes in Queens regarding enforcement of easements granted by adjacent property owners for sewer and water connections. Supreme Court, Queens County.
    • Represented property owner of multi-acreage parcel in boundary line dispute with adjacent neighbor in lawsuit resulting in favorable Boundary Line Settlement Agreement after obtaining testimony from out of state former owner of property. Supreme Court, Nassau County.
    • Represented homeowner in lawsuit against adjacent property owner to remove large tree affecting client’s property and home, resulting in agreement for removal of tree under certain terms and conditions. Supreme Court, Nassau County.
    • Represented Town of North Hempstead in review and analysis of Town landmark laws and applicable case law concerning potential landmark status of the Roslyn Country Club community, a 668 home residential development constructed in 1949 by Levitt, one of the country’s most influential and renowned developers of the post-World War II suburbs.
    • Prosecution of action by real estate owners against managing agent for improper removal of funds and mismanagement of properties. Chartwell Realty Partners, et al. v. Zepka Goldberg, U.S. District Court, Southern District of New York.
    • Successful defense of real property owner in proceedings by New York City to appoint administrator over rent stabilized building. NYC Department of Housing & Community Renewal v. 551 West 175th Street Realty Corp., Housing Court, New York County.
    • Action on behalf of debtor/real estate owner against co-venture construction partner for breach of construction contract and fraud and against construction lender for lender liability. Donnellan Birdsall Company v. Corco Construction (In re Donnellan), U. S. Bankruptcy Court, Eastern District of New York.
    • Action by general partner against other general partner for breach of partnership agreement, against construction company for improper construction, and against lender for lender liability in connection with formation, development and operation of marina complex. North Unity Corp., et al. v. Carlyle Northport Marina Associates, Carlyle Construction Corp., Citibank, N.A., et al., U.S. District Court, Eastern District of New York.
    • Prosecution of action by shareholders against sponsor of co-op resulting in transfer of voting control of co-op from sponsor to shareholders. North Shore Towers Shareholders Association v. Three Tower Associates, et al.; U.S. District Court, Eastern District of New York.
    • Representation of Major New York City commercial landlords in Commercial Breach of Lease and Eviction actions in Manhattan Civil Court, Landlord Tenant Commercial Part.

  • Representative Cooperative Litigations
     

    • Representation of Sponsor in action in Supreme Court, New York County, Commercial Division, in connection with proceedings to remove members from Co-op’s Board of Directors
    • Representation of Purchaser of Commercial Art Gallery Condominium Unit in Manhattan against Sponsor for failure to timely complete construction of building and closing on Unit.
    • Representation of Purchaser/Investor/lender of Cooperative Apartments in action in Supreme Court, New York County, for breach of contract and specific performance against Sponsor to compel conveyance of apartments to purchaser.
    • Representation of Sponsor in action in Supreme Court, New York County, Commercial Division, to enforce Demand for Special Meeting of Shareholders to remove counsel with conflict of interest and board member.
    • Representation of Sponsor relating to defense of succession claims to rent controlled apartments by claimed relatives to decedent and surrender of apartments upon death of rent controlled tenants.
    • Representation of residential shareholder associations in post conversion residential cooperative corporations in protecting their rights to control their Co-op's Board of Directors, ensure proper use of reserve funds, cancellation of sweetheart leases and contracts with Sponsors and removal of real estate management companies with close ties to Board members who have abused their positions.
    • Representation of commercial condominium owner of medical practice in action against Condominium and Board relating to ongoing substantial water intrusion causing significant damage to premises resulting in settlement of action.
    • Representation of Seller of Cooperative Apartments relating to collection of down payment for failure of purchaser to abide by terms of contract of sale.
    • Representation of condominium owner against Sponsor for faulty construction resulting in correction of construction defects and damages.
    • Representation of North Shore Towers Shareholders Association in its successful battle to gain voting control over the Board of Directors of North Shore Towers Cooperative Corporation from its sponsor Edgar Bronfman. The case was featured in Newsday. North Shore Towers, with $35 million dollars per year in gross revenues, is one of the largest residential cooperative housing corporation in the United States and is located on the Grand Central Parkway in Queens, New York. North Shore Towers Shareholders Association v. Three Tower Associates, U.S. District Court for the Eastern District of New York.

  • Representative Cooperative Transactional Matters
     

    • Representation of 50 percent partner in Sponsor in connection with sale of Unsold Sponsor Package in apartment building in Manhattan.
    • Representation of Sponsors’ interests holding Unsold Shares in connection with actions taken by hostile Boards of Directors controlled by resident shareholders.
    • Representation of Sponsors in connection with negotiations with Co-op Boards regarding Master Commercial Leases.
    • Representation of Manhattan Cooperative as to enforceability of lending agreements between mortgage lender, Sponsor and cooperative.
    • Representation of Sponsor in Soho regarding bulk sale of Unsold Shares of Cooperative Stock.
    • Representation of Sponsor in connection with sale of Unsold Cooperative Shares for 10 Residential Units in Manhattan to Investor Group.
    • Representation of Sponsor in connection with sale of Unsold Cooperative Shares for 17 Residential Units in Manhattan to Investor Group for $7.3 million.

  • Representative Real Estate Transactions
     

    • Representation of 25 percent limited liability members in connection with negotiation of terms of operating agreement of limited liability company that owned a 270 Unit Apartment Complex in New York City worth $39 million.
    • Representation of buyer of multiple buildings of commercial retail stores in Manhattan.
    • Representation of seller of 20 Unit Apartment Building in Hollis, New York.
    • Integral part of team in connection with refinancing by five lenders of $65 million loan to ConAm Capital Corp. and Vail Ventures for development of Westin Hotel, Condominium Complex and Ski Lift Facilities in Vail, Colorado.
    • Integral part of team in connection with acquisition of Commerce Plaza Office Complex, Greensboro, North Carolina by Integrated Resources from Fidelio Properties.
    • Integral part of team in connection with acquisition of residential brownstones by National Expert Care Consultants, Inc. for development as New York State licensed drug rehabilitation facilities.
    • Integral part of team in connection with Private Offering of 79 Units of Limited Partnership Interest in Newsum Associates, a New Jersey Limited Partnership, to principals of Starrett Housing Corporation (Value of 79 Units - $7 million).
    • Integral part of team in connection with Private Offering of 150 Units of Limited Partnership in Timberbank, a New York Limited Partnership (Value of 150 units - $150 million).
    • Integral part of team in connection with Private Offering of 77 Units of Limited Partnership Interest in Buena Vida, a Florida Limited partnership, to principals of The ITD Group, Inc. and partners in Whitman & Ransom for development of resident unit personal care retirement center in Naples, Florida (Value of 77 Units - $3.85 million).
    • Integral part of team in connection with Private Offering of 16 Units of Allegheny Plaza Associates I & II, Delaware limited partnerships, to group of West German Investors and principals of Rosen Associates for acquisition and operation of shopping center in Pennsylvania (Value of 16 Units - $2.4 million).
    • Integral part of team in connection with Private Offering of 25 Units of Limited Partnership Interest in Friendly Manor Associates, a North Carolina limited partnership, for acquisition and operation of garden apartment complex in Greensboro, North Carolina. (Value of 25 Units - $1.43 million).

  • Representative Corporate Transactions
     

    • Representation of oral surgeon in sale of practice, underlying real estate and equipment for $1.5 million.
    • Defense of Peabody International Corporation (“Peabody”) from hostile takeover attempt by Victor Posner (“Posner”) resulting in five year standstill agreement and sale of stock interest by Posner; Reverse Triangular Merger among The Pullman Company, a subsidiary of Allied-Signal, Peabody and PTC Acquisition Inc. Valued at $150 million. (Wall St. J., at 1, col. 2).
    • Mr. Wotman had primary responsibility for all aspects of the successful defense of the take over battle waged by Victor Posner in connection with $150 million merger of Peabody International into The Pullman Company, a subsidiary of Allied Signal wherein Mr. Posner of Sharon Steel unsuccessfully attempted to bribe the chairman of The Pullman Company to call off the merger with Peabody International. Peabody International Corporation v. Victor Posner, et. al., United States District Court for the District of Connecticut, reported on the front page of The Wall Street Journal.
    • Member of the successful team that conducted the proxy contest on behalf of Samuel Heyman for control over the Board of Directors of GAF Corporation. Samuel J. Heyman v. GAF Corporation, et. al., United States District Court for the Southern District of New York; reported in The New York Times.
    • Financing by The Mutual Benefit Life Insurance Company of leveraged buyout of Modernfold Division of American Standard Inc. by Stockholders of Wesray Capital Corp. Valued at $19 million.
    • Leveraged Buyout of Food Ecology Group of Kane-Miller Corporation (“Kane-Miller”) by The Ira J. Hechler Group and Management of Kane-Miller and Food Ecology Group. Valued at $70 million.
    • Leveraged Buyout of Brinlaw Manufacturing Company, Inc., DGP Unlimited and Kidz for Less, Inc. (collectively, Brinlaw) by The Ira J. Hechler Group and Management of Brinlaw. Valued at $16 million.
    • Acquisition of Radio Stations from Doubleday Broadcasting Company, Inc. and Metromedia Inc. by The Sillerman Communications Group, Inc. Valued at $40 million.
    • Acquisition of Stock of The Ziff Company, Inc. by The Albert Fisher Group PLC. Valued at $20 million.
    • Acquisition of Assets of Long Island Sound Systems, Inc. by Telecommunications Specialists, Inc. Valued at $2.8 million.
    • Acquisition of Stock of McMillen, Inc. by management of McMillen Brothers. Valued at $1.2 million.
    • Going Private Transaction and Self Tender Offer by American Bakeries Company for all outstanding shares of its Cumulative Prior Preferred Stock, $1.80 Series. Valued at $1 million.
    • Issuance of $1.6 million Principal Amount of New York City Industrial Development Agency Industrial Revenue Bonds (Seybert-Nicholas Printing Corp./Kenner Printing Co., Inc. Project).
    • Issuance of $1.8 million Principal Amount of Town of Hempstead Industrial Development Agency Industrial Revenue Bonds (Fasig-Tipton Company, Inc. Project).
    • Issuance of $850,000 Principal Amount of New York City Industrial Development Agency Industrial Development Revenue Bonds (AABCO Sheet Metal Co., Inc. Project).
    • Issuance of Canadian $15 million Guaranteed Notes of Yamaha International Corporation, guaranteed by The Fuji Bank, Limited.
    • Financing by The Mutual Benefit Life Insurance Company of Acquisition of Stock of Avenue Bank and Trust Company of Oak Park, Avenue Bank Northwest, Avenue Bank of Elk Grove and The Northlake Bank by First Colonial Bankshares Corporation, Chicago, Illinois. Valued at $8 million.
    • Proxy Contest by John V. Winfield for Election of Dissident Slate of Trustees of Mutual Real Estate Investment Trust.
    • Hostile Tender Offer by Sol Goldman and J.J.J. Financial Associates to purchase all outstanding shares of Common Stock of J.W. Mays, Inc.
    • Hostile Tender Offer by Sol Goldman to purchase all outstanding shares of Common Stock of Lexington Avenue and 42nd Street Corp. (Chanin Building).
    • Representation of Interstate Properties in connection with Hostile Takeover Battles with undisclosable targets.
    • Bid for acquisition of Nathan's Famous, Inc. by undisclosable Investor Group.
    • Public Offering of $150 million Principal Amount of State of New York Mortgage Agency Mortgage Revenue Bonds, Third Series.
    • Public Offering of $200 million Principal Amount of State of Israel Third Variable Rate Issue Bonds (Minimum interest 7.50%).
    • Public Offering of $20 million Principal Amount of S.E. Nichols Inc. 14-7/8% First Senior Subordinated Debentures.
    • Initial Public Offering of Common Stock of Brown Transportation Corporation.
    • Private Offering of Units of Limited Partnership Interest in STV Associates, a Limited Partnership, a New York limited partnership to conduct research and development of Satellite Transfer Vehicles. Valued at $12 million.
    • Representation of United States Trust Company of New York in connection with Public Offering of $165 million principal amount of Junior Subordinated Deferred Interest Debentures due 2006 to finance, in part, acquisition of assets of Metromedia Radio Division of Metromedia Broadcasting Company by Metropolitan Broadcasting Corporation.
    • Formation of Premium Finance Program for River Oaks Life Insurance Company.
    • Formation of New York Life Insurance Company for Dai-Ichi Mutual Life Insurance Company.
    • Formation of Bankruptcy and Mortgage Brokerage Divisions of Commonwealth Associates, Investment Banking Company.
    • Representation of Shareholders in Purchases of Substantial Stock Interests in Small Closely Held Companies.

  • Representative Bankruptcy Cases
     

    • General Bankruptcy Advice to Federal Deposit Insurance Company in a variety of matters.
    • In re Kenneth E. Tureaud, U.S. Bankruptcy Court, Northern District, Oklahoma. Defense of oil and gas and real estate financier against involuntary liquidation and criminal contempt proceedings in Oklahoma Federal District and State courts in connection with collapse of Penn Square Bank resulting in conversion to voluntary reorganization case, upholding of assertions of Fifth Amend¬ment privilege and dismissal of criminal contempt; conduct of subsequent Chapter 11 reorganization.
    • In re Hardwicke Companies, Inc., U.S. Bankruptcy Court, Southern District of New York. Assisted in preparation of debtor's plan of reorganization providing for issuance of new common and preferred stock of new corporation in satisfaction of most existing claims.
    • In re Marina Enterprises, Inc., U.S. Bankruptcy Court, Southern District, Florida. Representation of debtor-in-possession in Chapter 11 engaged in real estate business in Atlantic City, New Jersey.
    • In re Wickes Companies, Inc. (‘WCI”), U.S. Bankruptcy Court, California. Representation of Allegheny Beverages Corp., largest common shareholder of WCI.
    • In re Gillespie & Co. of New York, Inc., U.S. Bankruptcy Court, Southern District of New York. Representation of creditors’ committee.
    • In re Mandel & Corsini, U.S. Bankruptcy Court, Southern District of New York. Representation of trustee in Chapter 11 reorganization.
    • In re Parkchester General Hospital, U.S. Bankruptcy Court, Southern District of New York. Representation of trustee in Chapter 7 liquidation.
    • In re Manville Corp., U.S. Bankruptcy Court, Southern District of New York. Representation of Wells Fargo Bank in Chapter 11 reorganization.
    • In re Futuronics Corp., U.S. Bankruptcy Court, Southern District of New York. Representation of debtor-in-possession in Chapter 11 reorganization.
    • In re D.H. Overmyer Co., Inc., U.S. Bankruptcy Court, Southern District of New York. Representation of debtor-in-possession in Chapter 11 reorganization.
    • In re The National Sugar Refining Co. Representation of debtor in connection with general financial rehabilitation.
    • In re Jackson Engineering Co., Inc. Representation of debtor in connection with common law workout with creditors and Chapter 11 proceedings.
    • In re Sheldon Friedlich Marketing. Representation of debtor in connection with general financial rehabilitation.
    • In re International Capital & Development Corp., U.S. Bankruptcy Court, Southern District of New York. Representation of debtor and conglomerate of subsidiaries and affiliated companies in connection with attempt by creditors to force subsidiaries and affiliated companies into Chapter 11 proceedings.
    • In re PacAmOr Bearings, Inc. Representation of debtor in restructuring agreements with Senior Secured Creditors, Sub¬ordinated Lenders and preferred and common stockholders.
    • Primary responsibility for Non-Judicial Liquidation of Seicom Hattori Business Systems, a wholly owned sub¬sidiary of Seicom Business System.
    • In re Frontier Airlines. Representation of United States Trust Company of New York as trustee for bondholders.
    • In re New Media Services Corp., U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization of advertising agency.
    • In re Sandhurst Securities, U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization of retail securities brokerage firm.
    • In re Realistic Printers Corp. U.S. Bankruptcy Court, Southern District of New York. Assisted in conduct of Chapter 11 reorganization for commercial printing company.
    • In re 551 West 175th Street Realty Corp., U.S. Bankruptcy Court, Southern District of New York. Representation of residential real estate owner of rent stabilized apartment building in Chapter 11 reorganization case.
    • In re Bill-Ide, Inc., U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization of restaurant.
    • In re Borden Farm Development Associates, U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization for residential real estate development project.
    • In re Susquehanna Realty Associates, U.S. Bankruptcy Eastern District of Pennsylania Conduct of Chapter 11 reorganization for residential real estate development project.
    • In re F.B. Sponsors Corp., U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization for sponsor of co-operative apartment complex.
    • In re Seaport Lines Management Corp., U.S. Bankruptcy Court, Southern District of New York. Conduct of Chapter 11 reorganization for operator of catering and excursion business.
    • In re Joint Venture, U.S. Bankruptcy Court, Southern District of New York. Representation of petitioner in Chapter 11 involuntary filing over partnership entity that conducted excursion tour operations from South Street Seaport.
    • In re Amdura Corporation, U.S. Bankruptcy Court, District of Colorado. Representation of large personal injury claimant against debtor.
    • In re Thomas Lukas, U.S Bankruptcy Court, Eastern District of New York. Representation of large unsecured creditor in reorganization case for attorney.
    • In re Sam’s Associates L.P., U.S. Bankruptcy Court, Southern District of New York. Representation of residential real estate developer in common law workout and preparation for Chapter 11 filing.
    • In re 19th Street Associates II, L.P., U.S. Bankruptcy Court, Southern District of New York. Representation of residential real estate developer in common law workout and preparation for Chapter 11 filing.
    • In re Bottom Associates II, L.P., U.S. Bankruptcy Court, Southern District of New York. Representation of residential real estate developer in common law workout and preparation for Chapter 11 filing.
    • In re Northport Marina Associates, U.S. Bankruptcy Court, Eastern District of New York. Representation of general partner in Chapter 11 proceedings for general partnership engaged in development, operation and sale of dockominium on North Shore of Long Island.
    • Representation of partner in Chapter 11 Debtor in North Unity Corp. v. Carlyle Northport Marina, 136 B.R. 911, U.S. Bankruptcy Court, Eastern District of New York. Revenues generated by marina converted to a dockominium were post-petition accounts receivable rather than rent, so as not to be subject to mortgagee's prepetition security interest in “rentals.”
    • Representation of Creditors in R.H. Macy & Co., Inc. Chapter 11 case, U.S. Bankruptcy Court, Southern District of New York.
    • In re Cinecom Entertainment Corp., U.S. Bankruptcy Court, Southern District of New York. Representation of secured lender in Chapter 11 reorganization of motion picture company.
    • In re MacMillan Publishing Company, U.S. Bankruptcy Court, Southern District of New York. Representation of primary transportation company for book publishing company during Chapter 11 case.
    • In re Excel Wood Products, U.S. Bankruptcy Court, New Jersey. Representation of Federal Deposit Insurance Company as successor-in-interest to Toms River Bank, secured creditor in Chapter 7 case of manufacturer of kitchen cabinets.
    • In re Barker Brothers, U.S. Bankruptcy Court, Southern District, California Representation of health plan insurance provider in Chapter 11 case of manufacturing company.
    • In re Furrari, U.S. Bankruptcy Court, Southern District of New York. Representation of large secured creditor in Chapter 11 case of fur distributor.
    • In re Gene Barry One Hour Photo, Inc., U.S. Bankruptcy Court, Southern District of New York. Representation of debtor in Chapter 7 liquidation.
    • In re Sofikon Realty, Inc., U.S. Bankruptcy Court, Southern District of New York. Representation of debtor in Chapter 11 reorganization of real estate residential apartment complex.
    • In re S.S.S., Inc., U.S. Bankruptcy Court, Eastern District of New York. Representation of debtor in Chapter 11 reorganization of real estate residential apartment complex.
    • In re Spectrum Technologies, Inc., U.S. Bankruptcy Court, Eastern District of New York. Representation of equity security holders in Chapter 11 reorganization of computer company.
    • In re Bower & Gardner, U.S. Bankruptcy Court, Southern District of New York. Representation of former senior partner in wind up of defunct law firm.
    • Representation of Individuals and Companies in Common Law Workouts with Creditors.
    • Representation of Individuals in Chapter 11, 13 and 7 Cases in U.S. Bankruptcy Courts, Eastern District of New York and Southern District of New York.