Lipsky Portales, P.A. » Representative Matters

Successful Resolution of New Jersey Omitted Spouse Claim

admin — Mon, 29 Apr 2024 15:35:19 +0000

Elena Portales and Sean M. Lipsky represented a wife whose husband died tragically shortly after their marriage. The wife’s heartrending circumstances were exacerbated by the fact that her husband did not redo his will after marriage and a sibling of her husband sought to recover all of her husband’s estate assets. After being retained, our firm asserted claims on behalf of the survivor spouse under New Jersey’s omitted spouse statute, N.J.S.A. 3B:5-15, and obtained a significantly advantageous resolution in mediation prior to trial.

Lipsky Portales Obtains Summary Judgment In Business Dispute

admin — Mon, 29 Apr 2024 15:34:30 +0000

Elena Portales and Sean M. Lipsky obtained an order from the Superior Court of New Jersey dismissing claims by lenders that the principal of a business engaged in fraud and other improper conduct in procuring a loan on behalf of her business. The Court, in granting our motion for summary judgment, found there was no evidence demonstrating that our client engaged in any improper conduct.

$1.8 Million Judgment In Westchester County Litigation

admin — Mon, 29 Apr 2024 15:33:49 +0000

Sean M. Lipsky and Elena Portales represented a lender against a borrow who asserted a series of defenses arising out of a complicated series of loan transactions. After three days of trial before the Supreme Court of the State of New York, we obtained a favorable settlement on behalf of the client. Subsequently, a dispute arose out between the parties regarding the settlement and, on motion, plaintiff obtained judgment in the full amount of their claim totaling approximately $1.8 million. Subsequent to the judgment, Plaintiff also obtained an order from the Court imposing a receiver over one of the defendants most significant assets in order to protect our client’s interest in this property.

Dismissal of Claims on the Eve of Trial by the Commercial Division of Supreme Court of New York

admin — Mon, 29 Apr 2024 15:33:17 +0000

Sean M. Lipsky and Elena Portales defended a New York company from claims that it breached an agreement to sell an investment property. On the day of trial, the Supreme Court of New York, Kings County, Commercial Part Judge granted Defendant’s in limine motion to dismiss virtually all of Plaintiff’s evidence regarding damages. As a result, Plaintiff’s $500,000 claim for damages was reduced to a mere $3,000.

Lipsky Portales Secures $2 Million Judgment

admin — Mon, 29 Apr 2024 15:32:35 +0000

Sean M. Lipsky and Elena Portales represented a lender against a guarantor on a commercial mortgage. Despite the guarantor’s unsubstantiated claims that he paid off the commercial mortgage, we persuaded the trial court to enter summary judgment in favor of the lender at the inception of the litigation. The guarantor then filed a motion to renew, claiming he found documentation discrediting the lender’s claims. In response, we submitted papers demonstrating that the guarantor’s position was frivolous and sought the imposition of sanctions. Based on our sanctions motion, the guarantor withdrew his motion to renew and the Court affirmed the $2 million judgment.

Lipsky Portales Successfully Represents Real Estate Investor in New Jersey Membership Dispute

admin — Mon, 29 Apr 2024 15:31:58 +0000

Elena Portales and Sean M. Lipsky procured a very favorable settlement for a minority member in a New Jersey real estate investment company. At the inception of the litigation, the adverse member filed an emergent motion seeking to install himself as manager and remove our client from this position. We persuaded the Court to deny the adverse member’s application and also to grant our cross-motion to appoint a fiscal agent to investigate the adverse member’s questionable financial dealings. Based upon this, and a series of pending motions that we brought against the adverse member, we were able to procure an extremely favorable settlement for our client that included reimbursement of our client’s attorneys’ fees.

New Appellate Division Grants Jersey Emergent Appeal and Dismisses Slander and Libel Claims Brought Against Municipal Councilman

admin — Mon, 29 Apr 2024 15:31:02 +0000

Elena Portales and Sean M. Lipsky represented municipal councilman in defeating slander and libel claims brought by another municipal councilman arising from statements made during the course of an election campaign.  After the defendant’s motion for summary judgment was denied by the trial court, the New Jersey Appellate Division granted a request for an interlocutory appeal and determined, as as a matter of law, that the trial court had erred and the slander and libel claims had no legal basis.  Based on this ruling, we were even able to compel the opposing party to remit a payment to a charity of the client’s choosing to satisfy his counter-claims for filing a frivolous action.  A complete copy of the New Jersey Appellate Division’s decision is found at Rosenblatt v. Camella, 2012 WL 3116682 (App. Div. 2012).

Lipsky Portales Counsels Two Members of a Professional Limited Liability Company in Removing Member who Engaged in Wrongful Conduct

admin — Mon, 29 Apr 2024 15:29:58 +0000

Sean M. Lipsky and Elena Portales successfully represented two members of a New Jersey limited liability company operating a dental practice (the “Company”) in a dispute involving the other member-dentist (the “Other Party”).  When the Other Party opened a competing practice and engaged in other conduct harmful to the Company, Lipksy Portales removed her as a member of the Company and negotiated a buyout of her interest on very favorable terms to the clients.

Orthodontist Compelled to Satisfy Partner’s Claims

admin — Mon, 29 Apr 2024 15:29:10 +0000

In a case before the New York Supreme Court, Sean M. Lipsky successfully represented an orthodontist in a dispute with a former partner.  After the firm convinced the trial court to deny plaintiff’s motion for a temporary restraining order and a preliminary injunction and granted the firm’s application for partial summary judgment, the former partner agreed to dismiss his remaining claims and satisfy the counterclaims for sums due under a promissory note.

Lipsky Portales Procures Favorable Settlement For Client from Fortune 500 Affiliate

admin — Mon, 29 Apr 2024 15:28:31 +0000

In a pre-suit matter, Sean M. Lipsky obtained a very favorable settlement for a vendor that provided video games to a Fortune 500 affiliate that sought to terminate the parties’ services agreement as part of its sale of assets to a third-party.  Based on exhaustive negotiations, the firm was able to procure a lump sum settlement for our client of approximately $250,000 and limit his expenses by negotiating this matter prior to the filing of a lawsuit.