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Fensterstock, P.C. Defeats Lichtenstein’s Motion to Change Venue

New York, New York—November 25, 2023—Fensterstock, P.C. successfully represented the plaintiff in defeating Defendant Dorothy Lichtenstein’s and Defendant Steven Welch’s motion to transfer venue out of Manhattan state court. On October 31, 2023, after a venue hearing/mini-trial with opening statements, witnesses, closing statements, and oral argument, the Honorable Dakota D. Ramseur of the New York County Supreme Court issued a Decision and Order from the bench denying Defendant Dorothy Lichtenstein’s and Defendant Steven Welch’s motion to transfer venue from New York County to Suffolk County. The court entered an Order on the docket on November 24, 2023. Plaintiff is represented by Evan S. Fensterstock, Principal and Founder of Fensterstock, P.C.

Plaintiff commenced this action in New York County via a Summons and Verified Complaint alleging that Defendant Dorothy Lichtenstein, widow of the famed pop-artist Roy Lichtenstein, and her agent, Defendant Steven Welch, relentlessly abused Plaintiff for over four years in a dilapidated barn on Mrs. Lichtenstein’s property while plaintiff was a rent-paying tenant suffering from Lyme disease. The Verified Complaint asserts the following causes of action: intentional infliction of emotional distress, breach of warranty of habitability, unjust enrichment, illegal eviction, violation of New York Real Property Law § 853, negligent supervision, negligence, negligent infliction of emotional distress, and breach of covenant of quiet enjoyment. Plaintiff seeks monetary compensation including punitive damages against Defendant Dorothy Lichtenstein and Defendant Steven Welch. Defendants sought to transfer the case from Manhattan to Suffolk County but were unsuccessful. The case remains in New York County.

About Fensterstock, P.C.

Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last nine 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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