John I. O’Neill

Partner

Reported Cases

In re CCT Communications, Inc., 420 B.R. 160 (Bankr. S.D.N.Y. 2009) (applying the doctrine of judicial estoppel to bar a Chapter 11 debtor from disclaiming its earlier small business debtor election).

Kara Homes, Inc. v. Nat’l City Bank (In re Kara Homes, Inc.), 363 B.R. 399 (Bankr. D.N.J. 2007) (holding that affiliated debtors, each the owner of raw land slated for residential development, were single asset real estate entities within the meaning of Bankruptcy Code § 101(51B)).

In re Helm, 335 B.R. 528 (Bankr. S.D.N.Y. 2006) (approving the rejection of an executory contract which granted designated agent the exclusive right to collect the debtor’s recording royalties in perpetuity; rejection constituted an exercise of sound business judgment under Bankruptcy Code § 365).

Union State Bank v. Weiss, 65 A.D.3d 584, 884 N.Y.S.2d 136 (2d Dep’t 2009) (sustaining the legal sufficiency of tort claims for fraud, breach of fiduciary duty and negligent misrepresentation against the executrix of an estate which had given lender guarantees of payment of various construction loans).

Bank of N.Y. v. Vega Technology USA, 18 A.D.3d 678, 794 N.Y.S.2d 922 (2d Dep’t 2005) (reversing trial court’s denial of lender’s motion for summary judgment in action to enforce loan guarantee; lender’s restructuring of credit facilities over guarantor’s objection did not discharge guarantor’s liability where guarantee explicitly contemplated modification of the guaranteed debt).

Bank of N.Y. v. Lockwood Venture Housing, 222 A.D.2d 633, 635 N.Y.S.2d 692 (2d Dep’t 1995) (granting plaintiff’s motion for summary judgment in action to foreclose acquisition and development loan mortgages on garden apartment complex; parol evidence rule barred consideration of borrower’s defense that lender had agreed to become equity participant in project upon its conversion to condominium ownership).

Costa v. District Nursing Ass’n, 175 A.D.2d 274, 572 N.Y.S.2d 727 (2d Dep’t), lv. denied, 79 N.Y.2d 752, 580 N.Y.S.2d 198 (1991) (purchaser of real property entitled to recover down payment from seller where survey incorporated in the contract of sale did not disclose encroachment from adjoining premises).