Competent and Compassionate Representation
Commercial Litigation
The lawyers in our Business Litigation group focus on helping clients succeed and maintain their competitive advantage. We recognize that litigation can be complicated and expense and can result in unintended consequences for our clients and their businesses.
Matrimonial and Family Law
When family relationships are under stress or failing, and you are facing the possibility of divorce, separation, child custody, child support or equitable distribution of assets, you need lawyers who are compassionate to listen, understand your needs, and provide you with a strategic plan to protect you and defend your rights. With over 40 years of knowledge and experience, the attorneys at Landrigan & Aurnou, LLP are powerful advocates that will fight for you.
Criminal Defense
Through Joel M. Aurnou, the firm advises and defends clients in connection with a broad range of matters pertaining to criminal practice, from an initial investigation and through a trial or hearing and an appeal.
Phillip C. Landrigan
Phil is engaged in major and complex commercial litigation before state and federal courts as well as appearing in arbitration before regulatory agencies and other tribunals. Phil has represented corporate clients and is in contractual, financial and property disputes, as well as handling claims for restitution of Nazi looted artworks, professional and business errors and omissions, employment law, business dissolution, construction, antitrust and trade practices, intellectual property, insurance coverage, and insurance defense.
Significant Matters and Cases:
Nazi Looted Art. Recovery of Nazi Looted Painting, “Seated Man with a Cane,” Modigliani (1919). Click the button below for some of the cases.
Areas of Law:
Commercial Litigation
Recent Cases
- Commercial Instruments – Coudert v. Richard N. Hokin, U.S.D.C., S.D.N.Y., 1:12 cv-00110-ALC 2018 WL 2561073 (4/30/18). Decision granting client’s claim for recovery of $4,770,461.69 on promissory notes and rejecting defense that the notes were not intended to be enforced and were part of a tax avoidance scheme claimed by client’s ex-spouse.
- Corporate Dissolution – Phil most recently obtained a “zero” valuation and denial of dissolution on behalf of a client electing to purchase the disgruntled shareholder’s interest in the corporation Paul Derderian v. NLNY, Inc., Index#: 607662/2015, NYSCEF, Docket No.: 93, decision dated March 28, 2018.
- Matter of Stettiner – 148 A.D.3d 184, lv. App. Den 30 N.Y. 3d 907, (2017). Phillip and the firm successfully opposed the possessor of a Nazi looted artwork’s effort to revoke ancillary letters of administration issued in aid of the Estate of the Nazi Aryanization victim, Oscar Stettiner, by New York County Surrogate, Nora S. Anderson. The Appellate Division, First Department, also held that the possessor was subject to jurisdiction of the New York Courts due to its attempted sale of the looted artwork at Sotheby’s New York showroom in 2008. The Appellate Division also held that property in New York included a “choose in action,” SCPA §103(44) and §2103(2), and that SCPA §206(1) did not require the physical presence of the painting in New York. The painting was secreted out of New York and hidden in a Swiss freeport warehouse to avoid recovery by the victim of Nazi Aryanization.
- Maestracci v. Helly Nahmad Gallery, Inc., – 155 A.D.3d 401 (2017). Phillip and the firm successfully argued that the evidence submitted as the heirship of plaintiff, Philippe Maestracci, the sole survivor of a Nazi Aryanization victim, had standing to bring a claim for replevin of the looted painting, “Seated Man with a Cane,” Modigliani (1919) against the Helly Nahmad Gallery and members of the Nahmad family alleged to have used a Panamanian shell company, IAC, as an alter ego to shield their dealings in Nazi loot from public scrutiny. The Court also held that the Holocaust Expropriated Art Recovery Act, signed by President Obama in December 2016, applied to the case and that the action was timely brought.
- Maestracci v. Helly Nahmad Gallery, Inc., – Decision denying motion to dismiss, (Bransten), N.Y. Cty. Index#: 650646/2014, NYSCEF Docket No.: 1810, www.law.com/newyorklawjournal/almID/1528357713NY650546201 June 11, 2018. Defendants’ desperate final attempt to avoid the Nazi Aryanization victim’s claims in a scorched earth motion based on, inter alia, personal and subject matter jurisdiction, statute of limitations, standing, failure to state a claim, champerty, etc., etc., denied in its entirely. Defendants are left only with denial of the factual circumstances surrounding the Nazi Aryanization of Jewish property, the victim’s flight from occupied Paris without a receipt for his property, denial of a past liberation French Court’s order that the Modigliani portrait of a man be restituted to Stettiner and claims of a lack of diligence by the victim’s family, despite the post war hiding of the painting and its post war and current possessor for 70 years.Decision denying motion to dismiss, (Bransten), N.Y. Cty. Index#: 650646/2014, NYSCEF Docket No.: 1810, www.law.com/newyorklawjournal/almID/1528357713NY650546201 June 11, 2018. Defendants’ desperate final attempt to avoid the Nazi Aryanization victim’s claims in a scorched earth motion based on, inter alia, personal and subject matter jurisdiction, statute of limitations, standing, failure to state a claim, champerty, etc., etc., denied in its entirely. Defendants are left only with denial of the factual circumstances surrounding the Nazi Aryanization of Jewish property, the victim’s flight from occupied Paris without a receipt for his property, denial of a past liberation French Court’s order that the Modigliani portrait of a man be restituted to Stettiner and claims of a lack of diligence by the victim’s family, despite the post war hiding of the painting and its post war and current possessor for 70 years.
Joel M. Aurnou
Joel concentrates his practice in the area of complex civil and criminal litigation. On the civil side, Joel has represented both plaintiffs and defendants in controversies ranging from administrative law to zoning, including corporate and commercial cases, estate litigation, and matrimonials.
On the criminal defense side, Joel has tried numerous homicide and felony cases in various State and Federal courts. Joel has been a frequent lecturer before professional groups, including at the American Bar Association annual meeting, the Michigan Bar Association annual meeting, the Practicing Law Institute (seminar in Las Vegas on insurance company bad faith liability), the New York State Association of Criminal Defense Lawyers, and the Union County Bar Association (NJ). He also taught at Pace Law School.
Significant Matters and Cases:
Joel has litigated many different types of cases in many different courts. Click the button below for some of the cases.
Areas of Law:
Appellate Practice Commercial Litigation, Matrimonial and Family Law , Criminal Law
Recent Cases
- Appellate Litigation – Nazi Looted Art – In Re Estate of Oscar Stettiner, 148 A.D.3d 184 (1st Dep’t 2017), (sub. nom. Matter of Estate of Stettiner, 30 NY3d 907 (2017)) lv. App. Den. 30 N.Y.3d 907 (2017). In a case involving a claim for restitution of a multi-million-dollar Modigliani painting confiscated by the Nazis in Paris toward the end of World War II, Joel represented the Limited Ancillary Administrator appointed by the Surrogate of New York County to represent the Estate making the claim for restitution. After the Surrogate found that the claim of fraud was completely baseless, respondent appealed. In a unanimous opinion, the First Department affirmed the Surrogate’s ruling and the New York Court of Appeals denied defendants’ leave to appeal.
- Appellate Litigation – Nazi Looted Art – Maestracci v. Helly Nahmad Gallery, Inc., 155 A.D.3d 401 (1st Dep’t 2017) In this case there were cross appeals from a Supreme Court ruling which struck the sole heir of Oscar Stettiner, a grandson, for lack of standing, replacing him with the Limited Administrator appointed by the Surrogate. Defendants appealed the appointment of the Administrator as a plaintiff. Joel appealed the striking of the sole heir as a plaintiff for lack of standing. The Appellate Division ruled in favor of plaintiff on both issues, restored the standing of the grandson and rejected all of defendants’ claims. Defendants’ attempt to appeal to the Court of Appeals was also unsuccessful.
- Appellate Practice – Business Litigation – Cancellation of Unauthorized Mortgages. ER Holdings, LLC v 122 W.P.R., 65 A.D.3d 1275 (2d dep’t 2009). Joel M. Aurnou convinced the Appellate Division, Second Department, to affirm a supreme court decision granting summary judgement in favor of Joel’s clients, cancelling two unauthorized mortgages on its flagship real estate holding. The court also resolved in Joel’s client’s favor issues apparent authority and diligence.
- Appellate Practice – Business Litigation – Business Litigation – Ownership of Shopping Centers. Tedesco v Tedesco, 64 A.D.3d 583 (2d Dep’t 2009). In Tedesco, Joel M. Aurnou prevailed on litigation on the ownership of shopping centers. The Appellate Division, Second Department, unanimously affirmed a lower court ruling granting summary judgement to Joel Aurnou’s client covering ownership of a multi-million shopping center and several other commercial and residential properties. The Second Department also rejected the Appellant’s contention that summary judgement was premature because the Appellant had not yet had any examinations before trial.
- Appellate Practice – Matrimonial and Family Law – Annuity Dispute. O’shell v O’shell, 54 A.D.3d 914 (2d Dep’t 2008). The Appellate Division, Second Department, affirmed a lower court order which prevented Joel M. Aurnou’s adversary from obtaining 1.4 million annuity from matrimonial settlement dictated on the record in open court.
Competent and Experienced Attorneys for Your Legal Needs
When you have a legal matter to deal with, you need someone who knows the law. And, you need someone who has experience with the issues that confront you. Landrigan & Aurnou have decades of experience in a wide range of civil and criminal matters. We listen to your concerns and apply our expertise in the law to find the best solution for you. This may involve complex business transactions, family legal matters, or criminal charges. No matter what your legal needs, we will dedicate ourselves to protecting your rights before the law and gaining the most favorable outcome possible.
We have defended clients in difficult and complex criminal cases. And we dedicate ourselves to preserving the rights and liberty of every one of our clients. When you decide to use Landrigan & Aurnou as your attorneys you are getting tough and seasoned advocates who know the legal system and how the courts work. We work to protect you and your rights every step of the legal process
Protect Your Rights and Reputation against Criminal Charges
Even a seemingly minor criminal charge and conviction can have life-changing consequences. Don’t let a DWI charge or offense with a motor vehicle destroy your reputation and your life. Come to Landrigan & Aurnou where we have the experience, competence, and dedication to make the difference for you and your future. All too often, charges of domestic violence, possession of drugs, or driving while intoxicated end up badly. Not only are you subject to fines or even time in jail, but you may lose your professional license, or see opportunities in business and your job vanish. Even a seemingly insignificant criminal charge can change your life forever. Don’t let this happen.
Contact Landrigan & Aurnou for competent attorneys who work every day to defend and protect you and your rights! Call (914) 259-2997 for a completely confidential consultation.
Landrigan & Aurnou, LLP
235 Mamaroneck Avenue
Ste. 201
White Plains, NY 10605
Tel: (914) 259-2997
Fax: (914) 259-6328
Landrigan & Aurnou, LLP is based in White Plains New York and provides legal advice and representation to clients throughout New York State including Westchester County
Landrigan & Aurnou, LLP 235 Mamaroneck Avenue, Ste. 201 White Plains, New York 10605