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:

  • Commercial landlord-tenant lease disputes

  • 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