Appellate Reported Decisions

• Englert v. Hilton, 205 A.D.3d 807, 165 N.Y.S.3d 897 (2d Dept. 2022): successful trial and appellate counsel in a family court custody matter, in which our office prevailed in obtaining the dismissal of the Appellant’s modification petition absent a hearing in light of the Appellant’s failure to demonstrate a change in circumstances warranting modification, which dismissal was affirmed by the Appellate Division, Second Department.
• Capruso v. Kubow, 195 A.D.3d 614, 149 N.Y.S.3d 514 (2d Dept. 2021): successful trial and appellate counsel in a family court custody matter, in which our office prevailed in procuring the pre-trial dismissal of a contempt application, which dismissal was later affirmed by the Appellate Division, Second Department.
• Siegler v. Lippe, 189 A.D.3d 903, 137 N.Y.S.3d 429 (2d Dept. 2020): our office was successful in persuading the Appellate Division to reverse the Order of the Supreme Court, Queens County, which dismissed the Appellant’s civil action predicated upon the Defendants’ failure to fund a trust for the benefit of the Appellant.  The Court held that the civil complaint stated viable causes of action and remanded the matter to the Supreme Court, Queens County for further proceedings.
• Deutsche Bank Natl. Trust Co. v. Spanos, 180 A.D.3d 997, 120 N.Y.S.3d 83 (2d Dept. 2020): successful appellate counsel in reversing the lower court’s decision, which granted summary judgment for the lender and denied our client summary judgment in a foreclosure action.  The successful appeal resulted in summary judgment in favor of our client and dismissal of the complaint.
• Besosa v. Besosa, 172 A.D.3d 990, 98 N.Y.S.3d 478 (2d Dept. 2019): successful trial and appellate counsel in connection with a matter wherein our client was awarded legal fees as against the Appellant.  The Appellate Division, Second Department affirmed our client’s counsel fee award, holding in pertinent part that the Appellant waived his right to a hearing on legal fees in executing a stipulation which provided that counsel fees would be decided on written submission without the necessity of a hearing.
• Greco v. Greco, 161 A.D.3d 1074, 77 N.Y.S.3d 463 (2d Dept. 2018): successful trial and appellate counsel in a family court custody modification matter, in which our office prevailed in procuring the dismissal of the Appellant’s petition in light of Appellant’s failure to make an evidentiary showing of a change in circumstances warranting a hearing.   Said dismissal was subsequently affirmed by the Appellate Division, Second Department.
• Greco v. Greco, 161 A.D.3d 950, 77 N.Y.S.3d 160 (2d Dept. 2018): our office prevailed before the Appellate Division, Second Department, procuring a reversal of an award of counsel fees to the Respondent-Wife in light of opposing counsel’s failure to substantially comply with the Part 1400 rules, which rules require attorneys to provide clients with a retainer agreement, statement of client’s rights and responsibilities and regular billing statements.
• Seidenfeld v. Zaltz, 162 A.D.3d 929, 80 N.Y.S.3d 311 (2d Dept. 2018): successful trial and appellate counsel, procuring the dismissal of a civil lawsuit seeking the recovery of assets transferred by a testator prior to her death, which dismissal was subsequently affirmed by the Appellate Division, Second Department.
• Spicer v. Spicer, 162 A.D.3d 886, 80 N.Y.S.3d 328 (2d Dept. 2018): successful trial and appellate counsel in a family court custody matter, in which our office secured the dismissal of an enforcement petition filed against our client, and which dismissal was later affirmed by the Appellate Division, Second Department.
• Candlewood Holding v. Valle, 134 A.D.3d 872, 23 N.Y.S.3d 266 (2d Dept. 2015); successful trial and appellate counsel in an interesting matter whereby we prevailed in obtaining the dismissal of Plaintiff’s action under the legal theory of “in pari delicto,” which prohibits the Court in intervening in matters between two wrongdoers. In this matter, we successfully obtained a significant judgment in our clients’ favor.
• Allain v. Oriola-Allain 123 A.d.3d 138, 995 N.Y.S.3d 105 (2d Dept. 2014); successful at both trial and appellate level in a matter, which set legal   precedence in the Second Department. Specifically, the appellate division extended the fugitive disentitlement doctrine, which prohibits fugitives of the court from seeking relief from the court, to a matter involving the enforcement of a child support obligation . In applying said doctrine, the Court dismissed the Respondent-Appellant’s appeal, holding that the Respondent-Appellant could not pursue a downward modification of her child support obligation while simultaneously evading a warrant on a related child support enforcement matter. This matter was featured in the New York Law Journal.
• Flink v. Flink, 92 A.D.3d 833, 938 N.Y.S.2d 822 (2d Dept. 2012); successful as appellate counsel in a matter upholding a pendente lite support award to the respondent-appellant wife.
• In re Rokeach, 101 A.D.3d 1022, 956 N.Y.S.2d 127 (2d Dept. 2012); successful appellate counsel on an appeal from a trial court decision which dismissed a suit to recover assets transferred by a testator prior to her death. The successful appeal resulted in the favorable termination of the lawsuit in favor of our client.
• In re Jesse Lee H., 68 A.D. 3d 865, 889 N.Y.S. 2d 479 (2d Dept. 2009); successful as trial and appellate counsel in a matter upholding a father’s visitation rights with respect to his disabled adult child.
• Weinberger v Frankel, 37 A.D. 3d 481, 830 N.Y.S. 2d 232 (2d Dept. 2008); successful as trial and appellate counsel in a case involving the obligation of a father to pay for private school tuition.
• Allain v Allain, 35 A.D. 3d 513, 826 N.Y.S. 2d 411 (2d Dept. 2006); successful trial and appellate counsel in a 23-day trial where Leonard R. Sperber was successful in achieving an award of custody to a father.
• Astrep Service Corp. v. Banco Popular North America, 19 A.D. 3d 341, 795 N.Y.S. 2d 907 (2d Dept. 2005); successful trial and appellate counsel representing a borrower against a lending institution.
• Rugg v Rugg, 3 A.D. 3d 527, 770 N.Y.S. 2d 629 (2nd Dept. 2004); successful trial and appellate counsel.  Defended an ex-husband in a contempt proceeding brought by ex-wife.
• Juman v. Louis Wise Services, 254 A.D. 2d 72, 678 N.Y.S. 2d 611 (1d Dept. 1998); successful counsel in a matter which established, for the first time in the state of New York, a cause of action for wrongful adoption. Leonard R. Sperber was interviewed by Mike Wallace and appeared on 60 Minutes in connection with this case.
• In re Estate of Crockett, 247 A.D. 2d 286, 668 N.Y.S. 2d 620 (1d Dept. 1998);successful trial and appellate counsel in a matter involving ownership of a large quantity of antiques.

Trial Decisions

• Mumford v. Milner, 183 A.D.3d 893, 124 N.Y.S.3d 704 (2d Dept. 2020): successful trial counsel in a Family Court matter instituted by a grandmother seeking sole legal and physical custody of her grandson over that of his biological parents, which was upheld on appeal.
• HS v. NS, Supreme Court, Nassau (2016):  successful trial counsel in a divorce proceeding, which resulted in, among other things, a rare decision denying the Father all access to the Child given substantiated allegations of domestic violence.
• LB v. SB, Supreme Court, Nassau (2015): successful trial counsel in a divorce proceeding, which, in addition to securing custody and support for our client, secured 100% of the remaining marital assets due to the Husband’s marital waste and an award of $95,000.00 in legal fees.
• CS v. TS, Family Court, Suffolk (2014):  successful trial counsel in modifying a Judgment of Divorce from joint legal and joint physical custody to sole residential custody and final decision-making authority on educational and religious issues to the Father.
• H.W. v J.F., 15 Misc. 3d 1142, 841 N.Y.S. 2d 820 (2007); successful trial counsel in a decision holding a father in contempt for violating the visitation terms of an order.
• Nations Credit Financial Services Corporation v. Giannopoulos, Colorado Capital Investments, Inc., Supreme Court, Nassau, Index Number 2007/002765; representing a borrower against a lending institution.  This case successfully resulted in the discharge of the homeowner’s mortgage.