Leonard F. Lesser
Leonard Lesser
New York
New York (NY)
Business Litigation
General Litigation
Profile
Mr. Lesser prosecutes and defends business litigation in federal and state courts around the country, and arbitration tribunals administered by JAMS, AAA, FINRA, and the International Centre for Dispute Resolution. He focuses on business torts; copyright, trademark, trade secret and unfair competition claims; partnership, joint venture and LLC member disputes; corporate transaction post-closing and busted deal disputes; contract and UCC disputes; financial services litigation; securities litigation; insurance disputes; real estate disputes; and employment litigation. He also prosecutes and defends toxic tort, product liability, and personal injury claims.
Recent trial victories include a Court confirmed multimillion-dollar arbitration award and judgment in a complex oil and gas joint venture dispute, and subsequent contempt finding against the judgment debtor for violation of an antisuit injunction, L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011). Recent appellate victories include Spielman v. Grace Gospel Church of Suffolk, Inc., 77 A.D.3d 816, 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011)(reversing denial of motion to dismiss claims asserted against a Church in connection with alleged sexual misconduct by a pastor); Yeshiva Ohr Torah Community School, Inc. v Zurich Am. Ins. Co., 78 A.D.3d 686, 910 N.Y.S.2d 517 (2d Dep’t 2010)(reversing summary judgment awarded to an indemnitor in connection with the claims of indemnitee and its subrogee for reimbursement of defense costs); and East Midwood Jewish Ctr. v CNA Ins. Co., 72 A.D.3d 877, 898 N.Y.S.2d 662 (2d Dep’t 2010)(affirming declaratory judgment against insurer for indemnification).
Other reported decisions include: Stein v. KPMG, LLP, 486 F.3d 753 (2d Cir. 2007); Freedom Card, Inc. v. JP Morgan Chase & Co., 432 F.3d 463 (3d Cir. 2005); Ehrens v. Lutheran Church, 385 F.3d 232 (2d Cir. 2004); Berkovitz v. Home Box Office, 89 F.3d 24 (1st Cir. 1996); Asset Mgmt. Assocs. v. Emerson Telecom. Products, LLC, 08-cv-2506, 2011 U.S. Dist. LEXIS 9434 (E.D.N.Y. 2011); Gary Friedrich Enterprises v. Marvel Enterprises Inc., 08 Civ. 1533, 2011 U.S. Dist. LEXIS 30685 (S.D.N.Y. 2011); Leibowitz v. Aternity, Inc., 10-cv-2289, 2010 U.S. Dist. LEXIS 70844 (E.D.N.Y. 2010); Kruse v. Wells Fargo Home Mortg., Inc., 02-cv-3089, 2006 U.S. Dist. LEXIS 26092 (E.D.N.Y. 2006); United States v. Stein, 452 F. Supp. 2d 281 (S.D.N.Y. 2006); Pitts v. Allied Interstate, Inc., 04-cv-3151, 2004 U.S. Dist. LEXIS 22646 (S.D.N.Y. 2004): Freedom Card, Inc. v. JP Morgan Chase & Co., 333 F. Supp. 2d 239 (D. Del. 2004); Axcelis Technologies, Inc. v. Applied Materials, Inc., 01-10029, 2003 U.S. Dist. LEXIS 9908 (D. Mass. 2003); Baxter Diagnostics, Inc. v. Novatek Med., Inc., 94-cv-5220, 1998 U.S. Dist. LEXIS 15093 (S.D.N.Y. 1998); State Wide Photocopy, Corp. v. Tokai Fin. Servs., 909 F. Supp. 137 (S.D.N.Y. 1995); Brown v. General Instrument Corp., 93-cv-7907, 1995 U.S. Dist. LEXIS 5472 (S.D.N.Y. 1995); Braun v. Abbott Laboratories, 895 F. Supp. 530 (E.D.N.Y. 1995); In re GT Brands Holding LLC, 05-15167, 2005 Bnkr. LEXIS 2807 (Bnkr. S.D.N.Y. 2005); Desena v. Federated Dept. Stores, Inc., 65 A.D.3d 662, 884 N.Y.S.2d 765 (2d Dep’t 2009); Hernandez v. Bethel United Methodist Church of N.Y., 49 A.D.3d 25, 853 N.Y.S.2d 305 (1st Dep’t 2008); Thompson v. Steuben Realty Corp., 31 A.D.3d 746, 820 N.Y.S.2d 285 (2d Dep’t 2006); Dowd v. Alliance Mortgage Co., 32 A.D.3d 894, 822 N.Y.S.2d 558 (2d Dep't 2006); L&R Exploration Venture v. Grynberg, 804 N.Y.S.2d 286 (1st Dep’t 2005): Simon v. Mehryari, 16 A.D.3d 664, 792 N.Y.S.2d 543 (2d Dep’t 2005); Corneroli v. Borghi, 11 A.D.3d 409, 783 N.Y.S.2d 572 (1st Dep’t 2004); Robinson v. Viacom Int'l, 242 A.D.2d 481, 663 N.Y.S.2d 817 (1st Dep’t 1997); R.C. Layne Constr. v. Stratton Oakmont, 228 A.D.2d 45, 651 N.Y.S.2d 973 (1st Dep’t 1996); Amico v. Graphic Arts Leasing, 231 A.D.2d 596, 647 N.Y.S.2d 815 (2d Dep't 1996); Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011); L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011); Egar v. Congregation Talmud Torah, 23 Misc. 3d 1111A, 885 N.Y.S.2d 711 (N.Y. Sup. 2009).
Selected To
New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro
About Leonard Lesser
Admitted: 1992, New York
Professional Webpage: www.simonlesser.com/attorneys-leonard.htm
Bar/Professional Activity:
- Connecticut Bar, 1991
- New York Bar, 1992
Verdicts and Settlements:
- R.C. Layne, Inc. v. Stratton Oakmont, Inc., 651 N.Y.S.2d 973 (1st Dep’t 1996):Obtained a landmark decision from the First Department which upheld punitive damages awarded in a securities fraud arbitration on behalf of a corporate client against a New York City brokerage firm., 1996
- Robinson, et al. v. Viacom Int’l, et al., 663 N.Y.S.2d 817 (1st Dep’t 1997):Obtained summary judgment, affirmed on appeal, on behalf of Viacom and MTV Networks dismissing plaintiff’s claims for copyright infringement and alleged theft of an idea for a television sitcom., 1997
- Boyd v. Loeb Partners Corp., 00 Civ. 7052 (U.S.D.C., S.D.N.Y.):Obtained a defense verdict after trial on behalf of a premier New York City investment firm on claims for fraud, breach of fiduciary duty and unfair competition in connection with the acquisition of a British technology company, 2000
- Timothy Butler v. First Baptist Church Of Westbury, Index No. 14544/04 (N.Y. Sup., Nassau Co.): Obtained summary judgment for Church in Nassau County on claims in defamation and slander against a board member., 2004
- Corneroli v. Borghi, 11 A.D.3d 409, 783 N.Y.S.2d 572 (1st Dep’t 2004): Obtained a directed verdict after framed issue trial, affirmed on appeal, for prominent New York City art dealer against claims for fraud, RICO and conversion., 2004
- Ehrens v. Lutheran Church-Missouri Synod, 385 F.3d 232 (2d Cir. 2004):Obtained summary judgment, affirmed on appeal, on behalf of the Lutheran Church-Missouri Synod and the Lutheran Church-Atlantic District on negligent hiring and supervision claims pertaining to an alleged sexual assault on a minor by a retired pastor., 2004
- Barnes v. Countrywide Home Loans, Index No. 27734/00 (NY Sup, Suffolk): Obtained a directed verdict after trial on behalf of a national mortgage lender on fraud and deceptive trade practices claims in connection with the sale of FHA-financed homes, 2004
- Freedom Card, Inc. v. JP Morgan Chase & Co., 432 F.3d 463 (3d Cir. 2005): Member of team that obtained summary dismissal, affirmed on appeal, of claims for trademark infringement and unfair competition in connection with credit card product., 2005
- The Shoe Factory, Inc. v. ALPI USA, Inc., Index No. 06-1996 (N.Y. Sup., Queens Co.): Successfully defended international freight forwarder against multimillion dollar claim for damages; obtained dismissal of affirmative claims and judgment for attorney’s fees on defendant’s counterclaims., 2006
- Kruse v. Wells Fargo, 02-CV-3089, 2006 U.S. Dist. LEXIS 26092 (E.D.N.Y. 2006): Obtained summary judgment dismissing putative class action alleging “overcharges” and “mark ups” for mortgage settlement services in violation of the Real Estate Settlement Procedures Act (RESPA)., 2006
- Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y.): Obtained and collected substantial judgment on breach of contract claims involving financing agreement for hotel and commercial development property, 2008
- Christopher v. PharmaStem Therapeutics, Inc., 824 N.Y.S.2d 761 (NY Sup, Westchester 2006): Succesfully prosecuted action for fraud, negligent misrepresentation, and deceptive business practices against umbilical cord blood preservation company which issued communications to obstetricians around the nation threatening them with claims for patent infringement if they collected cord blood for patients who intended to preserve such cord blood with other companies., 2008
- East Midwood Jewish Ctr. v CNA Ins. Co., 72 A.D.3d 877, 898 N.Y.S.2d 662 (2d Dep’t 2010): Obtained declaratory judgment affirmed on appeal against insurer for indemnification in connection with disposition of personal injury lawsuit, 2010
- Spielman v. Grace Gospel Church of Suffolk, Inc., 77 A.D.3d 816, 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011): Obtained dismissal following appeal, of claims asserted against a Church in connection with alleged sexual misconduct by a pastor., 2011
- L&R Exploration Venture v. Grynberg, 804 N.Y.S.2d 286 (1st Dep’t 2005), and L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011): Successfully represented partners in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion arbitration award, confirmed by Court in 2009, against managing partner for breach of fiduciary duty in failing to properly account to partners for partnership proceeds. Also obtained a contempt finding in 2011 against managing partner as well as recovery of attorneys fees in connection with managing partner's violation of injunction barring additional litigation. , 2011
Representative Clients:
- Allied Interstate, Arlington Capital Partners, Aternity, Inc., Baxter Diagnostics, Boston Infrastructure Investments, Inc., Chubb Insurance Group, CME, LLC, Dean & DeLuca, Diagnosys Systems, Inc., Eastern Capital Development, Emerson Electric Co., Innova L.P., Interstate Chemical Corp., Loeb Partners Corporation, Music Video Distributors, Inc., Priya Hospitality LLC, Reprise Media, Inc., SCS Eneregy, Sequa Corporation, Sports Information Group, Syntex Corp.
Leonard F. Lesser:
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