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Practice Areas
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Stephen H. Weiner has been
a trial attorney for twenty-five years, since his admission
to the New York bar.
He is admitted to practice
in federal courts in New York and Michigan.
His primary areas of practice
include:
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Commercial Litigation
Small businesses and individuals
who require experienced trial counsel have been well-served
by the Law Office of Stephen H. Weiner. This office has defended
complex commercial lawsuits, and when required, has conducted
trials of these matters. In other instances, this office has
represented corporations and partnerships as plaintiffs in
commercial litigation and contract litigation and obtained
settlements in advance of trial, or a verdict for the client.
This office has represented claimants
in numerous securities arbitration matters at the National
Association of Securities Dealers, Inc. (now included in FINRA).
Included among the parties who were required to pay awards
to this office's clients were Merrill Lynch and Morgan Stanley.
This office has represented claimants
and respondents in arbitration at the American Arbitration
Association (" AAA" ) involving securities law matters
and employment issues.
Mr. Weiner has represented professionals
in obtaining executive severance agreements with payments
of at six figure amounts to the clients. He did this by applying
his decades of experience as a trial attorney and arbitration
attorney to the relevant employment issues and persuading
the employer corporations that a settlement was in their best
interest. Of course, he does not guarantee such results.
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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Wills, Surrogate's Court Litigation,
and Estate Administration
He has drafted Wills and is familiar
with the requirements for a Will to be admitted to probate
in the State of New York, in Queens county and in New York
County. He also works on Estate Administration. Mr. Weiner
won at a hearing on administration of a 3 million dollar estate.
He has represented objectors to a Will based on undue influence.
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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Appeals in state and federal
court
This office has handled appeals
in the New York State Appellate Divisions and in the Appellate
Term. Mr. Weiner also has handled appeals in the following
federal jurisdictions: U.S. Court of Appeals, Second Circuit
and the U.S. Court of Appeals, Sixth Circuit.
Our most recent appellate victory
is in New York City Economic Development Corp. v. T.C. Foods
Import and Export Co., Inc., Index No. 5856/00 (2d Dept. 2007).
The plaintiff New York City Economic Development Corporation
("NYCEDC") brought a suit against the companies
for disgorgement of profits of over $2 million on a theory
of unjust enrichment. Specifically, the plaintiff claimed
that the companies engaged in outdoor advertising in violation
of a restrictive covenant running with the land that their
advertising was located on. After this office represented
the companies successfully in the damages phase of a trial
in the Supreme Court, Queens County, the NYCEDC brought an
appeal in the Appellate Division, Second Department. In the
attached decision, that court affirmed the trial court's dismissal
of the complaint. As the Appellate Division noted, the NYCEDC
had failed to adduce any evidence at trial of diminution in
the value of the benefitted parcel by reason of the breach.
This significant decision limits the scope of unjust enrichment
recovery in cases of violation of restrictive covenants.
This office made law as to the
duty of corporate officers to render an accounting in
Polish American Resources Corp. v. Byrczek, 270 A.D.2d 96,
704 N.Y.S.2d 249 (1st Dept. 2000) (former president who was
found to have misappropriated assets was required to render
an accounting). This office also argued the key Second Circuit
Court of Appeals case as to the liability of municipalities
for punitive damages under the federal civil rights laws.
Ciraolo v. The City of New York, 216 F.3d 236 (2d Cir. 2000).
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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Landlord-Tenant Litigation
In the City of New York, Landlord-Tenant
Litigation is conducted in Housing Court in each County. This
office has successfully represented landlords and obtained
the eviction of tenants from their premises. This office has
successfully represented tenants in matters including nuisance
holdover, nonpayment proceedings, and succession matters,
and either saved the tenancy or obtained favorable terms for
vacating the premises. By representing landlords in certain
cases and tenants in certain cases, this office has developed
a perspective that is not found in firms that specialize only
in representing on type of party. Mr. Weiner was appointed
by the Housing Court as a Guardian ad Litem to represent incapacitated
tenants.
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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Commercial Leases
Mr. Weiner has drafted commercial leases. This office also
obtained court approval of a contract for the sale of a non-profit
organization's real-estate for $3.75 million in record time,
and successfully closed on the sale. This transaction required
approval by the Charities Bureau of the Office of the Attorney
General of the State of New York. Moreover, it required Mr.
Weiner to work with the Board of the Not for Profit Corporation
to obtain the required approval of the membership.
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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Election Litigation
As a former commissioner of the Board of Elections in the
city of New York for nine years, Mr. Weiner is familiar with
nominating petitions and procedure. He has represented candidates
at the Board and in the Supreme Court of the State of New
York.
For questions, please call
1-212-566-4669 or email us at Stevehw@aol.com
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750 Third Avenue, Ninth Floor -
New York, New York 10017 - Telephone (212) 566-4669, Fax (646) 349-1679
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