Hudson Valley Litigation Attorney
Michael Martens of Martens Law PLLC has extensive experience as a litigator, handling complex business/commercial matters from inception through resolution, including appeals if necessary. Martens Law PLLC is well-equipped to handle the following matters:
Breach of Contract
Breach of contract deals with disputes arising from the violation of a legally binding agreement between two or more parties. When one party fails to fulfill its contractual obligations, the other party may have legal grounds to seek compensation or specific performance. If you or your business are involved in a breach of contract dispute, it is important to seek the advice and guidance of a skilled and experienced attorney who can help you navigate the complex legal process. That is where Martens Law PLLC comes in. These matters include:
Written contract disputes
Oral agreements
Implied agreements
Digital terms and conditions
Business Disputes Between Owners
The owners of closely held businesses in New York owe fiduciary duties to one another. Where the shareholders' agreement or operating agreement does not cover the source of a dispute, the parties' fiduciary duties and duties of good faith and fair dealing prevent them from acting unfairly toward their business partners. These extra-contractual duties prohibit not only fraud or embezzlement but also infractions like competing against the corporation. If one of the corporate officers materially breaches his or her obligations, that individual may be terminated, sued for the breach of contract, or compelled to buy out the non-breaching party's shares. These matters include:
A demand for a shareholder or member buyout that is not honored
Irreconcilably different approaches to the operation of the business
Compensation disputes
Restrictive covenant (non-compete) claims
Allegations of fraud or theft
Judicial dissolution of an LLC
Construction Litigation
Residential and commercial construction can lead to a number of potential issues which may be resolved via litigation, including:
Regulatory and licensing infractions by contractors
Claims against municipalities and zoning boards
Construction contract breaches
Claims relating to defective goods and materials used in construction
Mechanic’s liens
Commercial Real Estate Disputes
Michael Martens of Martens Law PLLC has handled a wide array of commercial real estate disputes, including the following:
Foreclosure matters
Breaches of commercial real estate sale agreements
Breaches of lease
Pursuing or defending a “Yellowstone Injunction” following termination of lease
Appeals
Having served as Appellate Counsel for a prominent Manhattan based litigation firm, Michael Martens of Martens Law PLLC has successfully defended and argued numerous appeals before the various Appellate Divisions of New York State. If you or your business has been issued an erroneous ruling or judgment, Martens Law PLLC can help you navigate the complex world of appellate practice, which includes:
Filing a notice of appeal
Preparing the appellate brief
Preparing appellate motions
Engaging in oral argument
Injunctions Involving Orders To Show Cause And Temporary Restraining Orders
Many legal disputes relate to items other than damages, such as the need to force (or compel) a business or individual to take action or refrain from taking action. This typically requires a claimant to demonstrate that irreparable harm and prejudice will result if an injunction is not granted and sometimes can include an additional claim for the entry of an emergency temporary restraining order. Reasons to seek an injunction can include:
An injunction to prevent commercial or residential construction
An injunction to enforce a non-compete clause
An injunction to compel contractually-based arbitration
An injunction to prevent the disclosure of privileged information