Attorneys

• Jay Itkowitz tried a homestead exemption case in California affecting a four-family house in Yonkers, New York. A partner of our client filed a Chapter 7 proceeding and in a bid to retain her interest in the property declared the Yonker’s property as her “homestead” even though she actually lived in Berkeley, California. Nevertheless, because homestead exemptions are liberally construed in favor of debtors and the burden of proof is on person challenging the exemption, the trial was far from a “slam dunk”. Using documents garnered in E-Discovery, including an image of the debtor’s personal computer, Mr. Itkowitz established that the debtor never intended to live in Yonkers but instead intended to sell the property. Following two days of testimony in Oakland California Bankruptcy Court, Honorable Judge Roger L. Efremsky sustained our client’s objection to the debtor’s claim of Yonkers being her “homestead.” Read More
• Mr. Itkowitz settled a case brought by a contractor against the owner on favorable terms after a jury was selected. An interesting feature of this matter was that the former managing agent was assisting the contractor in the litigation. Discovery proved that this was in violation of an agreement between for former managing agent and the owner. The case settled right before opening statements were scheduled to be made. Read More
• Represented RCN in franchise agreement violation claim with the City of New York arising from a dispute with a contractor retained by the City for street repair. The contractor sought unreasonable compensation for “protecting” RCN telephone lines and was settled on favorable terms for our client. (NYS Supreme Court.)
• Prosecuted “alter ego” claim for major landlord against major tenant in connection with $35M breach of lease. (NYS Supreme Court.)
• Prosecuted high six figure claim for major landlord against lawyer guarantor of law firm lease. (NYS Supreme Court.) Read More
• Successfully prosecuted and settled rent claim against the United States General Services Administration for rent escalations owed on long term lease with major landlord. (Statute required that the case to be brought in the United States Court of Claims in Washington D. C.)
• Prosecuted and settled fee claim for international banking consultant firm against an arm of the Turkish Government. (U.S. Dist. Ct., S.D.N.Y.) Read More
• Successfully prosecuted and settled “alter ego” case against Delaware entities and individuals in connection with a breach of lease for major NYC owner. (U.S. Dist. Ct., S.D.N.Y.)
• Defense of a major real estate developer against housing discrimination case brought by the New York State Commission on Human Rights in connection with subsidized housing project. (NYS Supreme Court.)
• Representation of creditor-landlord on issue of whether Landlord entitled to administrative rent during the post-lease rejection period after warrant of eviction issued. (U.S. Court of Appeals, 2nd Cir.) Read More
• Jury trial, prosecution of breach of real estate contract claim and refusal to return down payment claim of behalf of prospective purchaser; jury back in 30 minutes in favor of our client. (U.S. Dist. Ct., S.D.N.Y.)
• Jury trial, prosecution of “coverage” case against insurance company failing to cover contractor regarding fire in newly constructed mansion. Jury returned verdict in favor of our client within 30 minutes. (U.S. Dist. Ct., E.D.N.Y.) Read More
• Defense of software developer and contractor in infringement case where developer was accused of violating an employment non-compete clause by stealing code that he developed for banking software designed to ensure compliance with Federal Reserve regulations. (U.S. Dist. Ct. S.D.N.Y.)
• Defense of breach of contract and antitrust claim pursuant to the Robinson Patman Act against a German pharmaceutical company, settled on eve of trial when Mr. Itkowitz had the substance of defendant’s expert’s testimony stricken. (U.S. Dist. Ct., Newark.) Read More
• Prosecution of Lanham Act claim against yoga studio settled favorably. (U.S. Dist. Ct., S.D.N.Y.)
• Prosecution of claim to rescind fraudulent conveyance and alter ego case settled favorably. (U.S. Dist. Ct., S.D.N.Y.)
• Prosecution of claims for RICO, breach of fiduciary duty, and disloyal employee doctrine. (U.S. Dist. Ct., S.D.N.Y.) Read More
• Defense of Preston Robert Tisch, Lawrence Tisch and Charles Benenson in six week jury trial in which the developers were sued for trespass and punitive damages arising from alleged use of adjoining landowner’s property during construction project. Settled for nominal amount while jury was out. (NYS Supreme Court.)
• Obtained favorable jury verdict and attorney fees for our client during jury trial before Judge Shira A. Scheindlin in prosecution of employment discrimination case. (U.S. Dist. Ct., S.D.N.Y.)
• Clearing buildings for major capital projects, including de-leasing:
  • Grand Central Station so that its historic renovation could be commenced. Read More
  • A series of buildings at 750 Lexington Avenue for Cohen Brothers Realty Corporation.
  • The New York City headquarters of the Directors Guild of America, Inc. Read More
  • A series of buildings for the New York Coliseum for the Triborough Bridge And Tunnel Authority.
  • A building on 11th Avenue in Manhattan containing approximately 150 sub-tenants for Charles Benenson & Preston R. Tisch. Read More
  • Represents apparel licensing company in breach of contract matter against Donald Trump. (NYS Supreme Court.)

Please feel free to contact Mr. Itkowitz at any time and about any subject.