Simon▪Lesser PC

Simon▪Lesser PC

2015 Litigator Award Winner

Simon▪Lesser PC is a trial practice boutique based in Midtown Manhattan.

We are experienced trial lawyers and appellate advocates. We litigate vigorously and thrive in the courtroom. Our business is to succeed for our clients.

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Our Notable Cases

Business Torts & Fraud

L&R Exploration Venture v. Grynberg Petroleum
Verdict or Settlement: Judgment on Arbitration Award and Bench Trial on Alter-Ego Claims

The matter involved a series of multi-jurisdiction litigations representing one of the last privately held independent investment banking enterprises on Wall Street. The client was sued in Colorado for over $16 million by its joint venture partner, a notoriously litigious oil and gas tycoon. The firm countered in New York and, after several appeals, compelled arbitration before a panel that included two former New York judges. The firm ultimately obtained a multi-million-dollar Court-confirmed arbitration award and Judgment against the tycoon, and, thereafter, successfully tried an alter-ego and fraudulent conveyance case in Colorado against the tycoon’s businesses, resulting in another multi-million-dollar judgment, affirmed on appeal.

Emerson Telecommunication Products LLC v. Asset Management Associates of New York
Verdict or Settlement: Judgment on Arbitration Award

The matter involved the representation of a Fortune 500 client's subsidiary stemming from the subsidiary’s divestiture of several businesses, where the buyer’s post-closing remorse led to claims of fraud based rescission and multi-million-dollar damage claims. The firm defeated the rescission claim in federal court, and compelled arbitration of the damage claims, including the buyer's claim for $100 million in punitive damages based upon alleged fraud in the inducement of the business transaction. The arbitrator ultimately rejected the buyer’s claims, and issued the firm's client a multi-million award on its post-closing adjustment claim against the buyer, which was confirmed and reduced to Judgment by the federal court.

​Christopher v. PharmaStem, Inc.
Verdict or Settlement: Settlement

The firm successfully prosecuted action for fraud, negligent misrepresentation, and deceptive business practices against an umbilical cord blood preservation company which issued communication to obstetricians around the nation threatening claims for patent infringement if they collected cord blood for patients who intended to preserve with competitors.

Boyd v. Loeb Partners Corp.
Verdict or Settlement: Defense Verdict

Obtained a defense verdict after Federal Court jury trial on behalf of a premier New York City investment firm on claims for fraud, breach of fiduciary duty and unfair competition in connection with the acquisition of a British technology company.

Barnes v. Countrywide Home Loans
Verdict or Settlement: Directed Verdict

Obtained dismissal after trial on behalf of a national mortgage lender on fraud and deceptive trade practices claims in connection with the sale of FHA-financed homes.

Corneroli v. Borghi
Verdict or Settlement: Directed Verdict

Obtained dismissal after trial, affirmed on appeal, for prominent New York City art dealer against claims for fraud and conversion in connection with the sale of artwork.

Commercial Litigation

Emerson Electric Co. v. Asset Management Associates of New York
Verdict or Settlement: Judgment

Obtained a multi-million Judgment following a Federal Court trial in connection with breach of contract claims asserted against the defendant purchaser of businesses from the plaintiff. The defendant purchaser contracted with the plaintiff to provide manufacture and support operations during a transition period following the business acquisition, which the defendant later refused to pay for based on claims of overcharges and other alleged misconduct. The Court, after bench trial, rejected the defendant's offset and overcharge claims, and awarded plaintiff full contractual damages, interest, and attorneys' fees.

Zapolski/Rudd, LLC v. The Setai Group, LLC
Verdict or Settlement: Judgment

Obtained a substantial judgment against a hotel developer on breach of contract claims based upon a financing agreement the defendant executed in connection with a hotel and commercial development property.

Securities Litigation

R.C. Layne, Inc. v. Stratton Oakmont, Inc.
Verdict or Settlement: Arbitration Award

Obtained a substantial compensatory and punitive damages award in a securities fraud arbitration, upheld on appeal.

Personal Injury

Thompson v. Steuben Realty Corp.
Verdict or Settlement: Judgment

  • Obtained a multi-million judgment in connection with claims against a property owner in connection with the rape and sexual assault of a tenant. The Judgment was later modified on appeal to $4.5 million and otherwise affirmed. In a later proceeding, after the principal of the judgment debtor attempted to transfer real property to evade the judgment and have the judgment debtor declared bankrupt, the firm obtained dismissal of the bankruptcy proceeding, as well as sanctions against the judgment debtor and its counsel.

Marchetti v. Branson Ultrasonics
Verdict or Settlement: Defense Verdict

Obtained defense verdict after jury trial in May of 2014 on behalf of a global developer, manufacturer, and distributor of plastic joining, industrial cleaning, and ultrasonics processing equipment. The plaintiff claimed she suffered traumatic brain injuries and other damages resulting from an accident on the defendant's property. After trial, the Court granted directed verdict to the defense on 3 of 5 counts, and the jury then rendered a defense verdict on the two remaining counts.

Medical Malpractice

​Nimir v. Nassau Health Care
Verdict or Settlement: Settlement

Successfully represented the estate of a 15-year old boy who, while remanded for in-patient psychiatric treatment and evaluation at a New York area hospital pediatric psychiatry ward, and on suicide observation, was left alone in the boy's shower room wearing and carrying hospital pants with drawstrings which he used to strangle himself.