Andre K. Cizmarik
- Appointed by a NYS Supreme Court guardianship judge to be the Temporary Successor Trustee of a multi-million dollar trust and to be the Temporary Property Guardian of an alleged incapacitated person who owns several multi-million dollar properties located in Manhattan and the Hamptons.
- Appointed by a NYS Supreme Court guardianship judge to be the Limited Temporary Property Guardian for two alleged incapacitated persons, to be the Temporary Special Trustee of over 10 multi-million dollar trusts, and to be the Temporary Manager of various single asset LLC’s which each own multi-million dollar mixed-use buildings in NYC.
- Appointed by a NYS Supreme Court guardianship judge to be the Temporary Property Management Guardian for an alleged incapacitated person who owns significant real estate holdings in NYC.
- In connection with a guardianship proceeding, Andre is responsible for arranging for mortgage re-financings of numerous multi-million dollar mixed-use buildings.
- Appointed by a NYS Supreme Court matrimonial judge to be the Receiver of a multi-million dollar penthouse condominium in NYC and to market and sell the property.
- Appointed by a NYS Supreme Court guardianship judge as Special Economic Counsel to examine the finances of an alleged incapacitated person and opine as to the likelihood of the AIP exhausting her funds based on present expenses and gifting strategies.
- Appointed by a NYS Supreme Court guardianship judge as legal counsel to a Guardian who is managing his ward’s portfolio of international companies and charities.
- Successfully arbitrated a complex partnership dispute involving claims of breach of fiduciary duties in connection with the management of 3 mixed-use buildings in midtown Manhattan. Secured a $31 million award on behalf of the client, which directed that the partnership be dissolved and that there be an open market sale of the three properties.
- Represented limited partners in connection with hotly-contested state court litigation involving claims for breach of fiduciary duty and mismanagement of 4 mixed-use buildings in NYC worth over $200 million.
- Acted as court-appointed counsel to a Receiver of two midtown Manhattan hotels (and their associated restaurants) worth over $300 million after the prior owner challenged the foreclosure sale to a private equity fund.
- Represented NK Retail Holdings, the operator of a retail novelty store chain and Halloween “pop-up” stores in suing two former employees and a competing retailer who hired away the ex-employees. In connection with an application for a temporary restraining order, the judge ordered that the defendants’ laptops be seized. Shortly after, the case settled on favorable terms.
- Implemented a litigation strategy for an industry leading hair-care wholesaler that led to winning or settling all major existing litigations, thereby eliminating nearly all impediments to marketing.
- Represented Perfumania, Inc. in a nationwide class action pertaining to alleged violations of the TCPA, with the plaintiffs seeking between $10 million and $20 million of damages. The case presented novel issues of liability under the TCPA, as well as standing to pursue class under the Supreme Court decision in Spokeo and its progeny. We mounted a spirited defense and obtained a settlement at a very small fraction of the claimed damages.
- Served as co-lead counsel on behalf of a Korean pharmaceutical company and its U.S. subsidiary in a case involving fraud, negligent misrepresentation, breach of contract, and consumer fraud claims.
Case Study
Mintz secures unprecedented victory for Quality King Distributors and its CEO in price gouging case brought by New York State’s Attorney General.
Case Study
When the former acting managing partner of a New York real estate partnership misappropriated partnership monies and assets, a Mintz team led by attorney Chris Sullivan obtained a $31M award for damages.