|
Uncyk, Borenkind & Nadler, LLP
Uncyk, Borenkind
& Nadler, LLP is a general practice law firm handling corporate and
commercial matters and personal and estates matters; with concentrations in
advertising and entertainment law; divorce and family law; estate and tax
planning involving wills, gifts and trusts; general and tax litigation,
mediation and collaborative law (alternative dispute resolution) and
collaborative taxes.
The
law firm was established in 1973 and is rated "av"
in Martindale-Hubbell Lawyers Directory (its highest rating).
For
information, please call one of our attorneys.
Sample of
reported cases the firm has handled:
1. Ren-Cris
Litho, Inc. v. Vantage Graphics, 96-7802, UNITED
STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 1997 U.S.
App. LEXIS 3333, February 24, 1997, Decided, RULES OF THE SECOND CIRCUIT
COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER
TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.,
Reported in Table Case Format at: 107 F.3d 4, 1997 U.S.
App. LEXIS 7069.
OVERVIEW: Res judicata would not
operate to bar creditor's action to pierce debtor's corporate veil if there
were formal barriers in the way of creditor presenting to a state court in
one action its entire claim.
... FOR APPELLEE:
ELI UNCYK, Uncyk, Borenkind
& Nadler, L.L.P., ...
2. Berenson
v. Commissioner of Internal Revenue Service, No. 26, Docket 79-4058, UNITED STATES COURT
OF APPEALS, SECOND CIRCUIT, 612 F.2d 695; 1979 U.S. App. LEXIS 9263; 80-1
U.S. Tax Cas. (CCH) P9135; 45 A.F.T.R.2d
(RIA) 542, September 24, 1979, Argued, December 28, 1979, Decided
OVERVIEW: The court erred when it failed
to comply with instructions on the first remand,
therefore the cause was remanded for the court to determine what portion of
the purchase price was attributable solely to the tax-exempt status of the
buyer.
... for
appellant. Eli Uncyk, New
York City, ...
3. EPM Communs.,
Inc. v. Notara, Inc., 00 Civ.
4299 (LMM), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 2000 U.S. Dist. LEXIS 11533; 56 U.S.P.Q.2D (BNA) 1144; Copy. L. Rep.
(CCH) P28,135,
August 11, 2000, Decided, August 14, 2000, Filed
OVERVIEW: Print publisher was not entitled
to preliminary injunction in copyright infringement action against online
publisher since defendant's selection in database was not substantially
similar to that of plaintiff's compilations.
... Myron R. Nadler,
Uncyk,
Borenkind
& Nadler, L.L.P., ...
4. Janus
Petroleum Co. v. United States, 94 CV 0624, UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK, 915 F. Supp. 556; 1996 U.S. Dist.
LEXIS 2297; 96-1 U.S. Tax Cas. (CCH)
P70,052;
77 A.F.T.R.2d (RIA) 1260, February 20, 1996, Dated
OVERVIEW: In action for excise tax refund
by taxpayer, summary judgment for taxpayer was improper because wholesale
distributor, who purchased gas on which tax imposed was paid, and who sold
gas to ultimate purchaser, was treated as only person who paid tax., UNCYK,
BORENKIND & NADLER, (Eli Uncyk, of
counsel), New York, ...
5. International
Distribution Centers, Inc. v. Walsh Trucking Co., No. 82 Civ.
8709 (JFK), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 62 B.R. 723; 1986 U.S. Dist. LEXIS 30701; 1986-1 Trade Cas.
(CCH) P66,922;
14 Bankr.
Ct.
Dec. 1061, January 8, 1986
OVERVIEW: Plaintiff was entitled to
partial supersedeas bond against
non-bankrupt defendants when full bond was far from practicable; civil
contempt order was denied for lack of clear and convincing evidence of
non-compliance.
... for
Plaintiff.Simon,
Uncyk
& Borenkind,
New York, ...
... for
Respondents Simon, Uncyk &
Borenkind
and Marc L. ...
... law
firm of Simon, Uncyk &
Borenkind,
specifically, Marc ...
6. International
Distribution Ctrs. v. Walsh Trucking Co.,
No. 82 Civ.
8709 (JFK), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 618 F. Supp. 98; 1985 U.S. Dist. LEXIS 18707; 1985-2 Trade Cas.
(CCH) P66,665,
June 20, 1985, Reversed and Remanded, February 24, 1987.
OVERVIEW: Trucking company's
antitrust verdict upheld for transportation monopolization where evidence
supported verdict and remittitur
was ordered where jury improperly considered lost revenues not attributable
to damages.
... Zoldessy,
Esq., Simon, Uncyk
& Borenkind,
New York, ...
7. Federal Deposit
Ins. Corp. v. Pappadio, No. CV-83-3478
(ERN), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK,
606 F. Supp. 631; 1985 U.S.
Dist. LEXIS 20610, April 18, 1985
OVERVIEW: A creditor was permitted to
amend its complaint against the debtor and related parties to add several
additional fraudulent conveyances because they were brought within six
years after they were discovered.
... for
Plaintiff.Simon,
Uncyk
& Borenkind,
New York, ...
8. KRAUTHAMER v.
BLOCK, No. 83 Civ.
4949 (RWS), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 587 F. Supp. 254; 1984 U.S. Dist. LEXIS 16981, May 4, 1984
... Katz, Esq.,
Simon, Uncyk
& Borenkind,
Esqs.,
New ...
9. Mister B
Textiles, Inc. v. Woodcrest Fabrics, Inc., 80 Civ. 6014 (CBM),
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 523 F.
Supp. 21; 1981 U.S. Dist. LEXIS 10295; 213 U.S.P.Q. (BNA) 661, January 5,
1981
OVERVIEW: Plaintiff owned the copyright
patent because the designer of the fabric was employed by plaintiff when
she participated in design, and, therefore, her rights in the copyright
passed to her employer, plaintiff.,
Simon, Sussman,
Uncyk,
Forseter
& Borenkind
by ...
10. TORONTO-DOMINION
BANK v. LOMIE CASUALS, INC., No. 77 Civ. 6221, UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 1980 U.S.
Dist. LEXIS 11505, May 21, 1980
... For Plaintiff
SIMON, UNCYK & PORENKIND By: Eli Uncyk, 1180
Avenue of the Americas, ...
11. Sunrise
Undergarment Co. v. Undergarment & Negligee Workers' Union, etc., No.
75 Civ.
5347, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK,
419 F. Supp. 1282; 1976 U.S. Dist. LEXIS 12999; 93 L.R.R.M. 2481, September
29, 1976, Eli Uncyk, Simon, Uncyk
& Jacobs, New York, ...
12. SIMON v.
COMMISSIONER OF INTERNAL REVENUE, Docket Nos. 10911-77, 10940-77, 8908-80,
8909-80, 8910-80, 8911-80, 8912-80, 15423-80, 15627-80, 19078-80, 21030-80,
1485-81., UNITED STATES TAX COURT, T.C. Memo 1986-156; 1986 Tax Ct. Memo
LEXIS 445; 51 T.C.M. (CCH) 872; T.C.M. (RIA) 86156, April 21, 1986.
... firm
with Herman Simon and Eli Uncyk and
had offices at the same address as
...
13. In re Evelyn
Byrnes, Inc., Bankruptcy No. 83 B 10433, UNITED
STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 32 B.R. 825;
1983 Bankr.
LEXIS
5521; 9 Collier Bankr.
Cas.
2d (MB) 430, August 30, 1983
... 58 Corp.Simon,
Uncyk
& Borenkind,
New York, ...
14. Dawn Joy
Fashions v. Commissioner of Labor, No. 106, COURT OF APPEALS OF NEW
YORK, 90 N.Y.2d 102; 681 N.E.2d 363; 659 N.Y.S.2d
196; 1997 N.Y. LEXIS 1350; 3 Wage & Hour Cas.
2d (BNA) 1700, April 30, 1997, Argued, June 5, 1997, Decided
OVERVIEW: When a manufacturer did not know
of, encourage, or turn a blind eye to a contractor's violation of the
"homework" provisions of the Labor Law, substantial evidence was
lacking of the intent necessary to impose civil penalties.
...
76 NY2d 416.) Uncyk, Borenkind & Nadler,
L. ...
... York
City (Eli Uncyk
and Jeffrey S. Kofsky
of ...
15. Morris v. State
Dep't of Taxation & Fin., No. 183, COURT OF APPEALS OF NEW YORK, 82
N.Y.2d 135; 623 N.E.2d 1157; 603 N.Y.S.2d 807; 1993 N.Y. LEXIS 3271,
September 7, 1993, Argued, October 19, 1993, Decided
OVERVIEW: Non-resident corporation's
president, who did not reside in, but rented an apartment in New York, was
not personally liable for use tax under the doctrine of piercing the
corporate veil because the corporation itself was not liable for the tax.
... Manson of
counsel), and Simon, Uncyk &
Borenkind, New
York City (Eli Uncyk of counsel),
for appellant. ...
16. Fass
v. Tax Com. of New York, [NO NUMBER IN ORIGINAL], Court of Appeals of New
York, 50 N.Y.2d 932; 409 N.E.2d 998; 1980 N.Y. LEXIS 2490; 431 N.Y.S.2d
526, May 27, 1980, Argued, June 24, 1980, Decided
... for
appellant.Eli
Uncyk
and Marc L. Zoldessy ...
17. McNeal v. New
York, [NO NUMBER IN ORIGINAL], Court of Appeals of New
York, 30 N.Y.2d 773; 284 N.E.2d 583; 1972 N.Y.
LEXIS 1320; 333 N.Y.S.2d 431, May 1, 1972, Submitted, May 4, 1972, Decided
... Corporation
Counsel (Eli Uncyk of counsel),
for motion. ...
18. Skolnick v.
Goldberg, 233 [M-3514], SUPREME COURT OF NEW YORK, APPELLATE DIVISION,
FIRST DEPARTMENT, 297 A.D.2d 18; 746 N.Y.S.2d 296; 2002 N.Y. App. Div.
LEXIS 8055, August 22, 2002, Decided, August 22, 2002, Entered, THE LEXIS
PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE
FINAL PUBLISHED VERSION.
OVERVIEW: Declaratory judgment action was
devoid of merit, and appeal from the order dismissing the action served no
purpose other than harassment and delay. Appropriate remedy for maintaining
the frivolous appeal was reasonable attorney fees.
... party
appellant. Eli Uncyk,
of counsel (Jeffrey S. Kofsky, on
the brief, Uncyk, Borenkind
& Nadler, L.L.P., ...
19. Fox v. Skolnick,
1135N, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 294
A.D.2d 225; 741 N.Y.S.2d 857; 2002 N.Y. App. Div. LEXIS 5338, May 21, 2002,
Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING
THE RELEASE OF THE FINAL PUBLISHED VERSION.
...
Plaintiff-Respondent: Eli Uncyk. For Defendant-Appellant: ...
20. Skolnick v.
Goldberg, 233, SUPREME COURT OF NEW
YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 291
A.D.2d 274; 737 N.Y.S.2d 601; 2002 N.Y. App. Div. LEXIS 1590, February 14,
2002, Decided, February 14, 2002, Entered
...
Defendant-Respondent: Eli Uncyk &
Jeffrey S. Kofsky. ...
21. Fox v. Skolnick,
4721, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 289
A.D.2d 87; 734 N.Y.S.2d 161; 2001 N.Y. App. Div. LEXIS 12052, December 13,
2001, Decided, December 13, 2001, Entered
...
Plaintiff-Respondent: Eli Uncyk. For Defendant-Appellant: ...
22. Phillips v. New
York State Dep't of Taxation & Fin., 84953, SUPREME COURT OF NEW YORK,
APPELLATE DIVISION, THIRD DEPARTMENT, 267 A.D.2d 927; 700 N.Y.S.2d 566;
1999 N.Y. App. Div. LEXIS 13609, December 30, 1999, Decided, December 30,
1999, Entered
OVERVIEW: In an action challenging a tax
assessment, the court determined that petitioner failed to meet his burden
of establishing by clear and convincing evidence that he was entitled to an
allowance for work performed out-of-state., Uncyk,
Borenkind
& Nadler (Eli Uncyk of
counsel), New York ...
23. Goldberg v.
Skolnick, 2028, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST
DEPARTMENT, 253 A.D.2d 723; 678 N.Y.S.2d 13; 1998 N.Y. App. Div. LEXIS
9791, September 29, 1998, Decided, September 29, 1998, Entered
...
Plaintiff-Respondent: Eli Uncyk. For Defendant-Appellant: ...
24. In re Estate of
Colby, 61012, 61013, SUPREME COURT OF NEW
YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 240 A.D.2d
338; 660 N.Y.S.2d 3; 1997 N.Y. App. Div. LEXIS 6953, June 26,
1997, Decided, June 26, 1997, ENTERED
OVERVIEW: Summary judgment was properly
denied first executor and the interested party's executor. The decedent's
will and three codicils were properly admitted to probate because evidence
of undue influence by the executrix was negligible.
...
Petitioner-Respondent: Eli Uncyk. For Objectants-Appellants: ...
25. Dawn Joy
Fashions v. Commissioner of Labor, 74514, SUPREME COURT OF NEW YORK,
APPELLATE DIVISION, THIRD DEPARTMENT, 218 A.D.2d 447; 641 N.Y.S.2d 449;
1996 N.Y. App. Div. LEXIS 4535, April 25, 1996, Decided, April 25, 1996,
Entered
OVERVIEW: Absent strict liability, a homeworker's
possession of a garment manufacturer's product was insufficient to
establish violations of applicable statutes because the homework occurred
without any intent or knowledge attributable to the manufacturer., Uncyk,
Borenkind
& Nadler, New York City (Eli Uncyk of
counsel), for petitioner. ...
26.
Green Point Sav. Bank v. Kandel,
94-08193, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT,
224 A.D.2d 488; 637 N.Y.S.2d 778; 1996 N.Y. App. Div. LEXIS 1154, January
16, 1996, Submitted, February 13, 1996, Decided
... counsel),
for appellant. Uncyk, Borenkind &
Nadler, New York,
N.Y. (Eli Uncyk of counsel),
for respondent. ...
27. In re Taubenblat,
93-04138, SUPREME COURT OF NEW
YORK, APPELLATE DIVISION, SECOND DEPARTMENT, 197 A.D.2d
301; 614 N.Y.S.2d 250; 1994 N.Y. App. Div. LEXIS 5706, May
31, 1994, Decided
OVERVIEW: A lawyer's resignation was
accepted because he indicated that his resignation was freely and
voluntarily tendered and that he understood the consequences of his action,
and the Grievance Committee recommended that the court accept the
resignation.
... Judicial
Districts. Eli Uncyk,
New York City, ...
28. Morris v. New
York State Dep't of Taxation & Fin., 64268, SUPREME COURT OF NEW YORK,
APPELLATE DIVISION, THIRD DEPARTMENT, 183 A.D.2d 5; 588 N.Y.S.2d 927; 1992
N.Y. App. Div. LEXIS 12139, October 22, 1992, Decided, October 22, 1992,
Entered
OVERVIEW: The president of a corporation
was personally liable for a compensating use tax on boats that his
corporation purchased because the corporate veil could be pierced where the
corporation was a shell with no activity or income., Simon, Uncyk
& Borenkind
(Eli Uncyk
of counsel), New York ...
29. Dawn Joy
Fashions, Inc. v. Commissioner of Labor, 64442, SUPREME COURT OF NEW YORK,
APPELLATE DIVISION, THIRD DEPARTMENT, 181 A.D.2d 968; 581 N.Y.S.2d 464;
1992 N.Y. App. Div. LEXIS 4157, March 26, 1992, Decided, March 26, 1992,
Entered
OVERVIEW: An action to challenge a
determination of the Industrial Board of Appeal was dismissed for lack of
personal jurisdiction because the state labor commissioner was not served
with the petition, and he was a necessary party to the proceeding.,
Simon, Uncyk
& Borenkind
(James Klatsky
of ...
30. Forest
Hills Residents Asso. v.
New York City Housing Authority, [NO NUMBER IN ORIGINAL], Supreme Court of
New York, Appellate Division, First Department, 39 A.D.2d 64; 332 N.Y.S.2d
156; 1972 N.Y. App. Div. LEXIS 4699, May 4, 1972
OVERVIEW: Revisions to a duly approved
plan for construction of a public housing project, involving changes to the
number, design, and height of the buildings and an increase in the number
of units, did not require resubmission to the planning commission.
... Stanley
Buchsbaum
and Eli Uncyk with him on the brief;
J. Lee ...
31. In re Estate of
Colby, File No. 2906/95, SURROGATE'S COURT
OF NEW YORK, NEW YORK
COUNTY, 187 Misc. 2d 695; 723 N.Y.S.2d 631; 2001 N.Y. Misc. LEXIS 92, March
27, 2001, Decided
OVERVIEW: A personal representative had
the right to waive a decedent's attorney-client privilege on behalf of the
estate in order to compel decedent's attorneys to produce documents
reflecting communications concerning a corporation's value.,
Uncyk
Borenkind
& Nadler, L. ...
32. Borenkind
v. Consolidated Edison Corp., Index #9231/94, SUPREME COURT OF NEW YORK,
WESTCHESTER COUNTY, 164 Misc. 2d 808; 626 N.Y.S.2d 414; 1995 N.Y. Misc.
LEXIS 194, March 28, 1995, Decided, EDITED FOR PUBLICATION, As Amended.
OVERVIEW: A utility company was not liable
to landowners for the alleged effect of nearby high voltage power lines
because the landowners presented no evidence that the authorized public use
was unreasonably, negligently, or dangerously carried out.
... City, for
defendant. Uncyk,
Borenkind
& Nadler, New ...
33. Talbot Typographics,
Inc. v. Tenba, Inc., Index No.
1663/90, Civil Court of the City of New York,
New York County,
147 Misc. 2d 922; 560 N.Y.S.2d 82; 1990 N.Y. Misc. LEXIS 443, July 31, 1990
OVERVIEW: A city civil court had equity
jurisdiction over a creditor's action for rescission of a transaction from
a debtor to another party and to declare that transfer ineffective because
the amount in controversy was within the statutory limitations.,
Simon, Uncyk
& Borenkind
for defendants. ...
34. W. v. F., [NO
NUMBER IN ORIGINAL], Family Court
of New York, New York
County, 107 Misc. 2d 531; 435 N.Y.S.2d 259; 1981 N.Y. Misc. LEXIS 2061,
January 15, 1981
OVERVIEW: Consistent with the Uniform
Support of Dependents Law where certificate for change in child support was
transmitted to a responding court, the responding court had the duty to
determine whether under its law the parent was required to pay support.,
Simon, Sussman,
Uncyk,
Forsetter
& Borenkind
for ...
35. Jade Press, Inc.
v. Packard, [NO NUMBER IN ORIGINAL], Civil Court of the City of New York,
Special Term, New York County, 91 Misc. 2d 820; 398 N.Y.S.2d 785; 1977 N.Y.
Misc. LEXIS 2422, June 16, 1977
OVERVIEW: A seller was not entitled to a
grant of summary judgment in her action against an escrow agent because the
court was prohibited from inquiring into the bona fides of the dispute
because arbitration was sought.
... pro
se.Simon,
Uncyk
& Jacobs for plaintiff. ...
36. People v. Sybil
Holding Corp., [NO NUMBER IN ORIGINAL], Supreme Court of New York,
Appellate Term, First Department, 70 Misc. 2d 798; 334 N.Y.S.2d 810; 1972
N.Y. Misc. LEXIS 2228, February 10, 1972, See People v. Sybil Holding
Corp., 64 Misc 2d 693.
... Stanley Buchsbaum and Eli Uncyk of counsel),
for respondent. ...
37. Kulick
v. Department of Revenue, SC No. 26841, SUPREME COURT OF OREGON, 290 Ore.
507; 624 P.2d 93; 1981 Ore. LEXIS 686, October 6, 1980, Argued and
submitted, February 18, 1981
OVERVIEW: Because a corporation chose the
S corporation status pursuant to incorporation in Oregon, the shareholders
were subject to Oregon state income taxes and the tax did not violate due
process requirements., Eli Uncyk, New
York, argued the ...
... Prineville, and
Simon, Sussman,
Uncyk,
Forseter
& Borenkind,
New ...
38. Kulick
v. Department of Revenue, OREGON TAX COURT, 7
OTR 471; 1978 Ore. Tax LEXIS 43, July 12, 1978, Decision for defendant
rendered.
OVERVIEW: Nonresident shareholders of a
resident S-corporation were subject to personal income tax on the
distributed and undistributed taxable income of the corporation; the
constitution did not bar the assessment of the tax.
... Herman Simon and
Eli Uncyk,
Simon, Uncyk
& Jacobs,
New York ...
|
|
Attorneys and
Counselors at Law
275 Madison Avenue
19th Floor
New York, NY 10016
Phone: 212-575-1292
Fax: 212-768-4469
|
