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Andre K. Cizmarik

  • 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-contest 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
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.