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LITIGATION

Over the years, attorneys at Olonoff Asen & Serebro, LLP successfully litigated or settled hundreds of cases in state and federal courts.  Summaries of some of those cases are presented below for information purpose only.

REPORTED CASES

Kraemer Export Corp. v. Peg Perego USA, Inc., 1994 WL 86357 S.D.N.Y.; U.S. v. Cambindo Valencia, 609 F.2d 603, (2nd Cir. 1979); Kandel v. Kurzman, 24 A.D.3d 613 (2nd Dept. 2005); Ginsburg v. Carrin, 146 A.D.2d 742 (2nd Dept. 1989); Bachman, Schwartz & Abramson v. Advance International, Inc., 251 A.D. 2d 252 (1st Dept. 1998); Ramerica International, Inc. v. Mil-Spec Industries, Corp., 293 A.D. 2d 420 (1st Dept. 2002); Zaveri v. Rosy Blue, Inc., 4 A.D. 3d 146 (1st Dept. 2004); U.S. v. Jacobs, 1992 Wl 12996 (S.D.N.Y. 1992); Carpet Group International v. Oriental Rug Importers, Association, United States District Court, District of New Jersey, 95-5574 (JAG), March 28, 2003; Muller v. Abbot, 25 A.D. 3d 674 (2006); Naane v. Maslavi, 21 A.D. 3d 1069 (2005); Community Bank v. Cognetta, 88 A.D. 2d 897 (1989); U.S. v. Busic, 472 F.Supp 880 (EDNY 1977).

INTERNATIONAL EMBEZZLEMENT

In 1994, OA&S was retained by Korea’s largest dairy company to obtain the return of a fugitive middle-management employee who had embezzled over $38 million from the company and fled to the United States.  Michael Asen coordinated efforts with Seoul police and prosecutors, Interpol, the U.S. Department of Justice and the Immigration and Naturalization Service.  The fugitive was located in New Jersey, arrested and tried in the U.S. Immigration Court with Michael Asen leading the prosecution.  Found guilty of overstaying his visa, he unsuccessfully appealed to the U.S. Board of Immigration Appeals, and was thereafter returned to Korea.

ESTATE LITIGATION

Michael Asen and his staff successfully litigated and settled, in 1995, a complex family estate Surrogate’s Court proceeding, involving extensive real property on Long Island, New York.  Utilizing the services of investigators, real estate appraisers and title examiners, we uncovered concealed transfers of millions of dollars worth of valuable Long Island land from individual to corporate ownership and revealed an attempt to divert and secrete valuable assets from the firm’s client.

LIABILITY FOR TOXIC CONTAMINATION

In 1996, OA&S was retained to represent a Queens, New York family whose private home was destroyed and their lives emotionally scarred by an oil delivery company that carelessly poured over 150 gallons of heating oil into their basement.  The family was distraught.  OA&S saw to it that the house was properly cleaned and free of oil and helped the family to recover for their loss of personal property, the decreased value of their home and for their emotional and physical suffering.

This tort case represented environmental issues, human health concerns, psychological consequences, remediation and restoration issues, as well as the legal questions concerning liability and damages.

ANTI-TRUST DEFENSE

In December 2003, as counsel to a prominent Oriental rug importing company, Michael Asen successfully defended his client in a multi-defendant anti-trust jury trial.  The jury returned a verdict which awarded no money to the plaintiff.

MEDICAL MALPRACTICE

A 35-year-old man entered a New York hospital exhibiting signs of a stroke.  The hospital misdiagnosed the stroke as a psychotic episode and involuntarily admitted the man into the hospital’s psychiatric ward. While restraining him, the hospital’s security guards fractured the man’s hip causing extensive injuries.

In an action against the hospital, commenced in 1997, OA&S’s attorneys recovered a substantial settlement for the client because of the hospital’s acts of negligence and medical malpractice. 

SEXUAL DISCRIMINATION AND HARASSMENT

In 1998, OA&S was retained by a young woman who had been working for several years as an entry-level specialist for a prominent Wall Street securities firm.  Her immediate supervisor made numerous lewd and inappropriate comments and gestures directed at her during working hours.  The supervisor prevented the woman from being promoted, keeping her subordinate to him. 

OA&S forced the violating firm to settle with the woman for a substantial amount of money for the discrimination and harassment against her.

COMMERCIAL/EMPLOYMENT LITIGATION

In 1999, OA&S was retained by a major international diamond and jewelry wholesale and distribution company to defend it against a multimillion dollar lawsuit brought by one of its former employees for the alleged breach of the employment contract.  The damages sought by the plaintiff contained, among other claims, a claim for $1,000,000 in punitive damages. 

First, Michael Asen, who lead the team of OA&S’s attorneys working on that case, not only convinced the judge to throw out the claim for punitive damages, but also elicited from the plaintiff during his deposition an admission of his own wrongdoing, which, in turn, gave rise to OA&S’s client’s claim against its accuser.  In March 2003, Michael Asen successfully handled the case at trial by obtaining a result which not only dismissed the plaintiff’s case, but also obtained a judgment awarding legal fees to OA&S’s client.

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