Legal News Desk

The Firm

Recent Firm News, Events & Publications

Several KMH Attorneys Again Named 2020 Super Lawyers. In October 2020, Partner Scott Himes was again selected to 2020 New York Metro Super Lawyers in Business Litigation. Senior Counsel Jeffrey M. Dine also was named to Super Lawyers in Business Litigation. Partner Ryan O. Miller was selected for Real Estate to Super Lawyers. And Senior Associate Scott Koop was again recognized in 2020 New York Metro Super Lawyers as a Rising Star in Real Estate.

Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Speaking Engagement, Bryan W. Kishner, “Development Rights – The Essentials,” for Langdon Title Company, New York, New York, October 14, 2020.

KMH succeeds in keeping individual defendant in case over opposition that new claim was defective and jurisdiction was lacking, September 2020 — a New York state trial court recently ruled in favor of KMH’s client, a textile supplier, on a motion to amend its complaint to assert a new claim against the owner of a corporate customer who had purchased goods from KMH’s client under a supply contract. When the customer defaulted on about $1.5 million it owed for goods supplied, KMH brought suit for its client.

The court previously had upheld breach of contract claims against the corporation but dismissed fraud claims asserted against the corporation’s owner. Afterwards, the company went bankrupt and dissolved. KMH then uncovered new information showing that the owner had misrepresented his company’s financial condition to induce KMH’s client to enter into the supply contract. KMH sought to amend the complaint to allege these facts and a new claim for fraud against the owner. Defendants opposed, asserting that the claim was legally deficient.

The court addressed the thorny issue of when a statement constitutes a misrepresentation of “present fact” that sustains fraud vs. a statement about “future intent” that is legally insufficient. The court accepted KMH’s argument that the owner’s statements made in connection with the contract “intentionally gave [KMH’s client] the false impression of the company’s ability to pay.” The Court thus allowed the new fraudulent inducement claim. Read more

Speaking Engagement, Scott M. Himes, “Taking & Defending Depositions: Strategic Tips & Techniques,” for the New York City Bar Association, New York, New York, June 1, 2020. Of particularly timely significance, Scott’s presentation included “The ‘Virtual’ Deposition.” He has conducted several virtual depositions during the Covid-19 crisis.

Senior Counsel joins KMH. Rachel K. Marcoccia joined the firm in March 2020 as Senior Counsel. Rachel is a graduate of Georgetown University Law Center, and she is a member of the New York and District of Columbia Bars. Most recently, Rachel was Senior Counsel at the New York City Law Department where she defended the City of New York and advised the City’s agencies in a broad array of litigation in New York federal and state courts. Prior to her public service, Rachel was Counsel in the New York office of Reed Smith LLP where she represented multinational companies and other corporate clients and individuals in complex commercial disputes. Her depth and breadth of litigation experience in the public and private sectors brings additional strength to KMH. Click here to read Rachel’s bio.

KMH wins trial verdict for client in long-running shareholder/co-op board dispute, March 2020 — a New York state court recently issued a written Decision After Trial finding in favor of KMH’s client on her claims for breach of fiduciary duty and breach of contract against her Manhattan co-op’s board of directors. The claims arose from the board’s refusal to approve the client’s proposed buyers for the sale of her unit in the building. The co-op’s proprietary lease provided, as is common for Manhattan co-ops, that the board could refuse to approve a shareholder’s sale for “any reason and no reason.” The board also invoked the “business judgment rule,” which generally protects corporate decision-making from judicial review. KMH proved that the board acted in bad faith, thereby overcoming the board’s defenses. Read more

New Senior Counsel joins KMH. Jeffrey Dine joined the firm in January 2020 as Senior Counsel. Jeffrey is a graduate of the University of Michigan Law School and a member of the New York and New Jersey Bars. Jeff comes to KMH having practiced for many years at a well-regarded Financial District law firm where he represented private and public companies, hedge funds, banks and individuals in complex and international corporate and commercial litigation and arbitration. Listed as a Super Lawyer in Business Litigation in Metro New York, Jeffrey brings additional strength to KMH’s expanding litigation practice. Click here to view Jeff’s bio.

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” for the New York City Bar Association, New York, New York, December 2, 2019.

Another new attorney joins KMH. Vivian Sobers joined the firm in October 2019 as our newest associate. Vivian was admitted to the New York Bar in 2012. She then managed her own solo firm for almost ten years. Vivian has a wealth of experience in complex business litigation and other areas of commercial litigation, as well as experience helping businesses and individuals in many industries resolve disputes. She also has significant experience, and an active practice, handling corporate and real estate transactions. Vivian’s impressive background and depth of experience further enhance KMH’s flourishing litigation and transactional practices. Click here to view Vivian’s bio.

Several KMH Attorneys Again Named Super Lawyers. In September 2019, Partner Scott Himes was again selected to 2019 New York Metro Super Lawyers in Business Litigation. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Two KMH associates, Justin Weitzman and Scott Koop, also were recognized (as in past years) in 2019 New York Metro Super Lawyers, as Rising Stars in Real Estate.

Publication, Scott M. Himes, “Don’ts and More Don’ts of Taking Depositions,” New York Law Journal, September 13, 2019

Speaking Engagement, Ryan O. Miller, “Think Like a Lawyer When Conducting Diligence,” for Berkshire Hathaway Home Services New York Properties, New York, New York, July 23, 2019

New attorney for KMH. Briana Vargas, who has worked with KMH since she was a law school student, was admitted to the New York Bar in June 2019, and became our newest associate. She is a recent graduate of St. John’s University School of Law. Briana adds depth to all facets of KMH’s practice. Click here to view her bio.

KMH’s office relocation. KMH moved to new offices in June 2019, relocating to 40 Fulton Street in lower Manhattan’s financial district. Our new offices are conveniently located very near public transportation, and our attorneys are “walking distance” to the New York City courthouses. The move gives KMH more space for its current lawyers and staff, equipped with state of the art technology, and also will accommodate the ongoing growth of the firm’s practice. Click here for full contact and location information.

KMH wins reversal in case clarifying rights for commercial real estate brokers in the New York City area to recover unpaid commissions, May 2019 – KMH’s clients, a commercial real estate broker and his firm, sued a developer and related entities who refused to honor an oral contract promising to hire KMH’s clients as the exclusive brokers for a planned luxury condominium development in the NoMad section of Manhattan. Read more

KMH succeeds on appeal establishing important precedent that permits a condo board to hold a sponsor’s representative liable individually for the sponsor’s wrongdoing, February 2019 – After discovering serious construction defects in its building, KMH’s client, a Manhattan condominium board, sued the limited liability company sponsor who developed the property, as well as others involved in the project. Read more

KMH prevails for client on appeal in significant shareholder/co-op board dispute, January 2019 – a New York State appellate court recently found in favor of KMH’s client, permitting her claims for breach of fiduciary duty and other wrongdoing against a Manhattan co-op board to proceed to trial. Read more

Speaking Engagement, Bryan W. Kishner, “Use of the NYC ACRIS System,” for Exit Realty Landmark, New York, New York, December 10, 2018

New attorney joins KMH. In November 2018, Elizabeth Tobio joined KMH as an associate. Elizabeth, who received her law degree from the University of Pennsylvania Law School, first practiced for several years at a major Washington, D.C. firm. More recently, she was a litigator for six years at a well-regarded Long Island firm. Elizabeth’s joining adds significant experience for KMH’s growing complex litigation practice. Click here to view Elizabeth’s bio.

Speaking Engagement, Bryan W. Kishner, “ACRIS and Other Real Estate Resources,” for Assured Abstract Services, Continuing Education Course, New York, New York, November 6, 2018

Speaking Engagement, Bryan W. Kishner, “Air Rights Owning a Piece of the Sky,” for Langdon Title Company, Continuing Education Course, New York, New York, November 1, 2018

Several KMH Attorneys Again Named Super Lawyers. Partner Scott Himes was selected to New York Metro Super Lawyers in Business Litigation for 2018. Scott has been selected for Super Lawyers each year for many years. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Justin Weitzman and Scott Koop, both KMH associates, also were recognized in 2018 New York Metro Super Lawyers, as Rising Stars in Real Estate.

Publication, Scott M. Himes, “Pointers for Drafting an Effective Appellate Brief,” New York Law Journal, September 24, 2018

New associate joins KMH. Matthew Blum joined the firm as its newest lawyer in August 2018. Matt brings a wealth of litigation experience to KMH, including significant trial work. Click here to view his bio.

KMH wins case on summary judgment for client, June 2018 — a New York State trial court recently awarded summary judgment to KMH’s client, a corporate “member” of a limited liability company, on its claim against an accounting firm for misuse of the LLC’s funds. The amount awarded was a significant seven-figure sum. The ruling is particularly noteworthy because, while KMH’s client sued derivatively on behalf of the LLC, the court awarded judgment in favor of the firm’s client, rather than the LLC itself, due to wrongdoing by others associated with the LLC. Scott Himes handled the representation from its commencement in 2015 through the June 2018 argument on the motion. The case is Human Nature Las Vegas Inc. v. Scott Gildea, Gildea & Ivanis LLP and Daniel Choueka, Index No. 653611/2015, Supreme Court of the State of New York, County of New York (Justice Melissa A. Crane).

Speaking Engagement, Scott M. Himes, “The ‘How To’ of Successful Motion Practice: Practical Advice and Tips,” New York City Bar Association, Continuing Legal Education program, May 23, 2018

Publication, Scott M. Himes, “The Essence of Litigating Successfully: ‘Communicating Your Story Credibly,'” New York Law Journal, May 8, 2018

Speaking Engagement, Bryan W. Kishner, “Never Lose A Deal,” for Cornerstone Land Abstract, Continuing Education Course, New York, New York, March 15, 2018

Speaking Engagement, Bryan W. Kishner, “Townhouse, Condominium and Cooperative Due Diligence,” for Assured Abstract Services, LLC, Continuing Education Seminar, New York, New York, November 17, 2017

KMH adds new associate. In October 2017, Morgan Maples joined the firm as our fifth associate. Morgan adds to the firm’s depth in both our real estate and litigation practice capabilities. Click here to view her bio.

KMH Lawyers Named Super Lawyers. In October 2017, Scott M. Himes was selected to 2017 New York Metro Super Lawyers in Business Litigation. He has been selected for Super Lawyers annually for many years. Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area

For the second consecutive year, Justin Weitzman was recognized in 2017 New York Metro Super Lawyers, Rising Stars, in Labor & Employment Law

Joseph Loloi was also recognized in 2017 New York Metro Super Lawyers, Rising Stars, in Real Estate

Speaking Engagement, Bryan W. Kishner, “Townhouse, Condominium and Cooperative Due Diligence,” for Wells Fargo and Assured Abstract, LLC, September 11, 2017

Speaking Engagement, Bryan W. Kishner, “Working with Your Attorney: Practical Tips for a Quick Contract Signing and Easy Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, November 10, 2016

Speaking Engagement, Bryan W. Kishner, “The New York Real Estate Transaction – Everything You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, October 27, 2016

Publication, Scott M. Himes, “The CFTC Turns to Insider Trading Enforcement,” The Journal of Investment Compliance, July 2016

Publication, Scott M. Himes, “‘Modified’ Business Judgment Rule for Going-Private Transactions,” New York Law Journal, May 24, 2016

Speaking Engagement, Bryan W. Kishner, “Investing in Condominium and Cooperative Apartments – The Purchase & Sale of Residential Property in New York,” for Wells Fargo and Title Vest Agency, May 19, 2016

Publication, Scott M. Himes, co-author, “Courts Allow States to Regulate Out-of-State Internet Financial Services Providers,” Conference on Consumer Finance Law, Quarterly Report, Vol. 69, No. 1, April 2016

Speaking Engagement, Bryan W. Kishner, “The New York Real Estate Transaction: What You Need to Know from Pre-Contract to Closing,” for Langdon Title Agency, Continuing Education Seminar, New York, New York, March 31, 2016

Publication, Scott M. Himes, co-author, “The Quagmire of the ‘Dual Fiduciary,’” New York Law Journal, March 24, 2016

Publication, Scott M. Himes, “Best Practices For Motions Brief Writing: Part 2,” Law360, March 7, 2016

Publication, Scott M. Himes, “Best Practices For Motions Brief Writing: Part 1,” Law360, March 4, 2016

Speaking Engagement, Bryan W. Kishner, “Condominium Offering Plans: A Broker’s Perspective,” for Langdon Title Agency Continuing Education Seminar, New York, New York, October 29, 2015

Speaking Engagement, Bryan W. Kishner, “New Condominium Development Rights Issues,” in conjunction with MANAR/TitleVest Agency, New York, New York, October 29, 2015

Speaking Engagement, Bryan W. Kishner, “New Condominium Development and Its Unique Issues,” for Langdon Title Agency Continuing Education Seminar, New, York, New York, September 17, 2015

Speaking Engagement, Bryan W. Kishner, “Owning the Sky in New York: Fundamentals of Zoning Lot Mergers and Transfers of Development Rights in New York City,” Bond Brokerage Company, New York, New York, August 13, 2014

Speaking Engagement, Bryan W. Kishner, “Real Estate Matters: Unique Issues in New Condominium Construction,” for TitleVest Agency Continuing Education Seminar, New York, New York, June 12, 2014

Speaking Engagement, Bryan W. Kishner, “The Contract of Sale: How to Think Like an Attorney,” for Langdon Title Agency Continuing Education Seminar, New York, New York, March 12, 2014

Speaking Engagement, Bryan W. Kishner, “Development Rights: The Essentials,” for TitleVest Services Continuing Education Seminar, New York, New York, March 6, 2014

Several KMH Attorneys Again Named 2020 Super Lawyers. In October 2020, Partner Scott Himes was again selected to 2020 New York Metro Super Lawyers in Business Litigation. Senior Counsel Jeffrey M. Dine also was named to Super Lawyers in Business Litigation. Partner Ryan O. Miller was selected for Real Estate to Super Lawyers. And Senior Associate Scott Koop was again recognized in 2020 New York Metro Super Lawyers as a Rising Star in Real Estate.

Published annually, Super Lawyers selects the top five percent of leading professionals in a geographic area who have attained a high degree of peer recognition, as well as excellence in their practice area.

Speaking Engagement, Bryan W. Kishner, “Condominium Essentials,” for TitleVest Agency Continuing Education Seminar, New York, New York, February 26, 2014

Publication, Scott M. Himes, “The Amorphous ‘Personal Benefit’ Requirement for Insider Trading Tipping Liability,” Bloomberg BNA Securities Regulation & Law Report, October 21, 2013