Category Archives: Litigation

This was originally posted on the SGR Blog.

Were Words Protected by Common Interest Privilege?

Stuart Bass, a Hofstra University professor, alleged that he was defamed by another Hofstra professor, Glenn Vogel, and a former Hofstra student, Marium Chubinidzhe. They moved to dismiss on the grounds that the complaint failed to properly detail the alleged defamatory statements and because their actions, in all events, were shielded by the “common interest” privilege.

The complaint alleged that Bass and Vogel are both Professors of Legal Studies at Hofstra’s business school. Bass has taught multiple “double-section” classes—i.e., classes attended by more than 55 students—which are highly coveted by the faculty because the remuneration for teaching such classes is higher than teaching a standard class size. Vogel wanted to teach such classes, but was not assigned any. Vogel resented Bass as a result, and bad-mouthed him to students, including Chubinidzhe (a Hofstra undergraduate alumnus and Hofstra law student), with the intent to cause the students to complain about Bass so that Bass would no longer receive the coveted assignments. Among the statements Vogel made to students was that Bass was arrested for DUI, lost his license, and had a student drive him to and from the school’s campus. That statement was made to Chubinidzhe on or about August 28, 2019.

This was originally published on the SGR Blog.

Court Examines Claim for Breach of Fiduciary Duty

Litigation arose from the alleged theft by Ruth Treglia of more than $2 million from Cora Tanner, an 85 year-old widow, between April 2013 and December 2015, while Treglia was employed as Tanner’s personal bookkeeper. Tanner was retired, had no children, and supported herself with savings that she and her late husband accrued from work. In December 2012, Tanner suffered a physical collapse as a result of an alcohol induced neuropathy rendering her unable to walk, bathe, dress, cook, and other tasks, or manage her financial affairs. She was subsequently diagnosed with dementia.

The complaint (by Karen Couzens, Tanner’s niece as attorney-in-fact) accused Treglia of taking advantage of Tanner’s age and medical condition by transferring monies from Tanner’s accounts to her own. Allegedly, Treglia falsely delineated some of these transfers as payments of legitimate expenses and labeled others as gifts to Tanner’s family members. She then also paid herself tens of thousands of dollars each month as “wages” for her bookkeeping services, without authorization for those amounts from Tanner or any other person.

This was originally published on the SGR Blog.

Trial Court Decides Liability for Damages

Terrence M. Kalka filed suit in the City Court of Little Falls, Herkimer County, on August 18, 2021, seeking $4,975 in damages against Ronald Schorer and John Lerch. Schorer filed a counterclaim against Kalka on October 5, 2021 seeking $2,172 pursuant to a contract. The matter proceeded to trial on March 17, 2022 and was concluded on April 8, 2022.

Kalka and his spouse appeared and testified that he retained the services of Schorer/Lerch to replace the hot water heater and install a water softener. They negligently installed the heater causing damage to the plumbing, as well as water damage in the basement. The testimony was that the water was leaking from the main line for over an hour which flooded the basement causing damage to stored items in the basement, such as the Kalka’s clothing. Kalka testified that Schorer/Lerch damaged a sink in the basement and dirty water in the pipes clogged the kitchen sink, toilet, and washer as a result of negligently installing a hot water heater and water softener. Kalka testified that Schorer was present during that time, stayed upstairs, and was consulted periodically by Lerch about how to handle various situations that came up during the course of the work. The testimony was also that Schorer was present as the Village of Ilion repaired the water valve.

This was originally posted on the SGR Blog.

Did Owner Have Claim Over Against Third Parties for Triggering the Dispute?

Decisions often address claims by a defendant that the harm alleged by the plaintiff was caused by others—and result in so-called “third-party” claims for indemnification of contribution. As a recent case illustrates, the Court may be called upon to assess the viability of such claims.

In 2016 Pier Franco Grosso consigned to Phillips Auctioneers LLC artwork in exchange for an advance of $1.5 million. Grosso represented that the artwork was by the late artist Cy Twombly. Phillips estimated the work would sell for $2.5 million to $3.5 million. Under Paragraph 10(a) of the consignment agreement, Phillips was permitted to withdraw the work from sale if, in Phillips’ “sole judgment,”

This was originally posted on the SGR Blog.

ourt Parses Agreements and Arts and Cultural Affairs Law

Clean Art Works, Inc. operated the Marianne Boesky Gallery and served as the gallery representative for Diana Al-Hadid until 2019. During that time, Art Works advanced funds, such as studio rent and fabrication, and framing and crating costs, to Al-Hadid to further her career.

In 2009, Al-Hadid created a bronze sculpture fabricated in a five piece limited edition. An undated contract between Al-Hadid and Graphicstudio stated that Graphicstudio would fabricate the sculptures, three of which were numbered as 1/3, 2/3 and 3/3 and two numbered as “Artist’s Proofs” AP 1/2 and AP 2/2. The project was initiated in September 2009 and completed in February 2011.