Cypress Group Holdings, Inc. v. Onex Corporation, et al., Index No. 653408/2015
New York, New York–March 28, 2019–After a four-day bench trial in the Commercial Division of the New York County Supreme Court, the Honorable Barry R. Ostrager issued a Decision and Order in favor of Plaintiff, Cypress Group Holdings, Inc., represented by Evan S. Fensterstock of Fensterstock, P.C., against Defendants, Onex Corporation, et al., represented by Arnold & Porter Kaye Scholer LLP, finding that Defendants breached representations, warranties, and covenants contained in the Stock Purchase Agreement governing the purchase and sale of an insurance company and its subsidiaries, and were obligated to pay Plaintiff approximately $5,000,000 in damages, including reasonable attorneys’ fees, as provided for under the contract.
The case involved the interpretation and application of terms contained in a Stock Purchase Agreement, and the indemnification obligations of defendants pursuant to the Stock Purchase Agreement. The underlying substance of the case focused heavily on the interpretation of a Master Services Agreement, amendments thereto, and Statements of Work governing an insurance policy system administration technology development project.
Fensterstock, P.C. designed its trial team for success, keeping it lean and focused. Combining the subject matter expertise of Tara Makhmali, a non-lawyer technology consultant and founder of CommonSmarts Media, LLC, the legal acumen of Glen A. Kendall, a Partner at McLoughlin, O’Hara, Wagner & Kendall LLP, with its understanding of the law, the subject matter, and trial procedure and strategy, Fensterstock, P.C. delivered its client a well-deserved victory.
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About Fensterstock, P.C.
Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last four consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.
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