Scarinci & Hollenbeck, LLC Achieves Landmark Reinstatement of Claims in the New York Appellate Division
New York, NY – January 22, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Dan Brecher, Chair of the firm’s Securities and Investment Banking Group, achieved a significant appellate victory on behalf of the firm’s client, reaffirming the firm’s prowess in appellate litigation and claims involving fraud.
The New York Supreme Court’s Appellate Division, First Department, issued a unanimous decision by a five-judge panel reversing the lower court’s dismissal of a key claim brought derivatively by shareholders against their corporation’s accountants. The claim, centered on a breach of the covenant of good faith and fair dealing that is implicit in all New York contracts, will now proceed to trial.
In 2020, the lower court dismissed ten causes of action in this case. Thanks to Mr. Brecher’s advocacy, the majority of those dismissed claims have now been restored. The case will move forward against defendants accused of embezzling, and aiding the embezzlement of, corporate funds and professional malpractice.
“This decision underscores the importance of holding fiduciaries accountable for their actions,” said Dan Brecher. “We are pleased that the appellate court recognized the merits of our arguments and reinstated this critical claim against professionals who aided and hid the fraudulent transactions. The courts tend to be protective of professionals charged with malpractice, but we were able to show the Court that these accountants hid the embezzlement from the shareholder plaintiffs for years by distributing false reports about the corporation’s assets.” The case is Jobar Holding Corporation, et al. v. Barbara Halio, et al., Case No. 2021-01048.
This success is a testament to Scarinci & Hollenbeck, LLC’s unwavering dedication to pursuing justice for its clients.
About Scarinci & Hollenbeck, LLC’s NYC Office Scarinci & Hollenbeck, LLC’s New York office stands as a leading partner for businesses looking to thrive in a fast-paced marketplace. Our seasoned team offers comprehensive counsel across the critical practice areas —Bankruptcy & Creditors’ Rights, Commercial Real Estate, Corporate Governance and Regulatory Compliance, Corporate Transactions & Business, Emerging Technologies (including blockchain, AI, and cryptocurrency), Intellectual Property, Litigation, Mergers and Acquisitions, Securities and Investment Banking, Tax, and Trusts & Estates. By combining deep legal insight with a proven track record in New York City’s dynamic economy, we tailor solutions that protect your interests, ensure compliance, and seize new opportunities. Get in touch today and learn how our dedicated attorneys can help drive your organization’s success
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