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Daniel R. Wotman &
Associates, LLC are civil and commercial trial attorneys who provide quality legal representation through the
use of trial advocacy to promote justice and fairness for injured persons and
businesses. We have achieved equitable and fair jury verdicts, judicial
decisions and settlements for our clients within the bounds of the
law. We seek to safeguard victims' rights, particularly the right to trial by
jury.
Our firm has provided
strong representation for thousands of individuals and small businesses who have
been defrauded in connection with business and real estate transactions where
fraud and RICO claims are vigorously prosecuted to recover millions of dollars
of monies stolen from these clients. The firm has handled fraud cases in the
cell phone industry on behalf of sub dealers, in cooperative apartment buildings
on behalf of residential shareholders and in the residential mortgage market on
behalf of defrauded borrowers.
Our firm has also
successfully conducted cases in the areas of torts, professional legal and
medical malpractice, employment discrimination, civil rights and certain family
law cases involving children.
The also
firm conducts all aspects of commercial litigation cases in federal and
state courts in New York, administrative tribunals and arbitration panels
from pre-trial motions and discovery through hearings, bench and jury
trials, to oral argument before appellate courts. The firm has an excellent
track record on complex commercial cases, including: Corporate and
Partnership disputes, Lender Liability actions, Collections, Federal
Securities violations, Fraud Prosecutions, Breach of Contract actions,
International Disputes, Federal Civil RICO, and Business Torts. Daniel
Wotman, the managing partner of the firm, successfully defended Mobil Oil
Corporation in a major products liability action. Mr. Wotman was also an
integral member of the litigation team that won the Sam Heyman/GAF Proxy
contest wherein the first insurgent shareholder unseated an existing board
of directors of a major U.S. corporation. Mr. Wotman was also a principal
member of the corporate/litigation team that defeated Victor Posner in his
attempt to stop the merger of Peabody with The Pullman Company, a subsidiary
of Allied-Signal. Mr. Wotman also defended lawsuits on behalf of Razor
Ruddock, the number one ranked heavy weight boxing contender in the world,
in lawsuits by trainers and promoters.
Representative Cases
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Peabody International Corporation v.
Victor Posner, et. al., U.S. District Court, D. Conn.; Wall St. J., Sept. 25,
1985, at 1, col. 2 (action on behalf of target company against insurgent
stockholder for federal securities law violations and attempted bribery
resulting in five year standstill agreement and sale of stock interest).
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Samuel J. Heyman v. GAF Corporation,
et. al., U.S. District Court, S.D.N.Y.; N.Y. Times, Feb. 28, 1983, at 2, col. 5,
Section D (action on behalf of dissident stockholder against Chief Executive
Officer and Board of Directors for violations of federal proxy solicitation
rules and mismanagement for purposes of perpetuating control resulting in
election of dissident slate of directors).
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New York Telephone Company v. Mobil Oil
Corp., et. al., 99 A.D.2d 185, 473 N.Y.S.2d 172 (1st Dept. 1984); N.Y.L.J., Mar.
12, 1984, at 1, col. 6 (prosecution of appeal in products liability action on
behalf of Mobil Oil resulting in reversal of Appellate Term's order denying
motion to dismiss cause of action against Mobil).
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Benjamin Frank Cain, et. al. v. Trans
World Airlines, Inc., 549 F. Supp. 963 (S.D.N.Y. 1982) (15 week trial on behalf
of 52 pilots and engineers against TWA and Saudi Arabian Airlines for breach of
lifelong employment contracts resulting in favorable verdicts and settlement).
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United States of America v. Martin B.
Abrams, et. al., 543 F. Supp. 1184 (S.D.N.Y. 1982); N.Y. Times, Sept. 2, 1982,
at 16, col. 1, Section D (ten week trial on behalf of co-defendant Robert
Pierce, executive of Mego International Toy Company, resulting in acquittal on
charges of tax evasion and mail fraud).
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United States of America v. Arthur
Sullivan, 694 F.2d 1348 (2d Cir. 1982) (conduct and argument of appeal as
youngest member of Second Circuit's Criminal Justice Act Panel on behalf of
defendant from conviction for armed robbery).
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Gerald Colby Zilg v. Prentice Hall,
Inc. and E.I. DuPont De Nemours & Co., Inc., 717 F.2d 671 (2d Cir. 1983); N.Y.
Times, April 17, 1984, at 17, col. 1, Section A (defense of appeal from district
court judgment against DuPont for tortiously interfering with contract between
Prentice-Hall and Zilg, author of book entitled "DuPont: Behind the Nylon
Curtain" for listing with the Book-of-the-Month Club).
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Mound v. Bartos, Sup. Ct., N.Y. Co.,
April 1982 (preparation and conduct of trial for attorneys fees in trust and
estates action resulting in favorable decision).
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R.A. Gilbert, Trustee v. S 'n S Inc.
(In re The Washington Group, Inc.), U.S. Court of Appeals, 4th Cir. 1984
(prosecution of appeal in breach of sales contract action resulting in
affirmance of bankruptcy court's disallowance of supplier's claim).
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Leone International Films, Inc v.
Allied Artists Pictures Corporation, et al., Sup. Ct., N.Y. Co. 1987 (action of
behalf of movie producer against motion picture company, distributors and
limited partnership syndication for breach of financing agreement, improper sale
of copyrights and distribution rights in several motion pictures).
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Savoy Reinsurance Company, Ltd. v. CNAC,
U.S. District Courts, New Mexico, Texas and Florida 1987 (actions by reinsurance
company against primary insurance company for breach of reinsurance agreements).
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Royal Pita, Inc. v. Mediterranean Pita,
U.S. District Court, E.D.N.Y. 1988 (defense of action against bread manufacturer
by competing bread manufacturer for trademark infringement).
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Sussal v. Executive Button, Sup. Ct.,
Nassau Co. 1988 (defense of action by one shareholder against another for
violations of buy out agreement).
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Sandhurst Securities v. Prudential
Bache Securities (In re Sandhurst Securities), U.S. District Court, S.D.N.Y.
1988 (prosecution of claim against Prudential Bache Securities, Inc. on behalf
of Securities Brokerage Firm for breach of clearing agreement, violations of
securities laws and RICO).
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Prosecution and Trial of Several Will
Contests on Behalf of Contestants in Surrogate's Court Resulting in Successful
Settlements.
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Copenhagen Handelsbank v. Drexel, U.S.
District Court, S.D.N.Y. 1989 (assist in prosecution of action by foreign bank
against investment banking house for participation with retailer in submitting
false financial statements of retailer to induce bank to lend funds to buy out
principals of investment banking house of interests in retailer).
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Representation of Chartwell Realty
Partners, Real Estate Syndicator, in Defense of Fraud Claims by Limited Partners
in U.S. District Court, S.D.N.Y.
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Morin v. Trupin, et al., U.S. District
Court, S.D.N.Y. 1988 (defense of president of general partner of real estate
limited partnerships against federal securities fraud charges).
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Orimex Trading Corp. v. Berman, Sup.
Ct., N.Y. Co.; App. Div. 1st Dep't. 1990 (prosecution of claim for margin calls
on behalf of West German brokerage house resulting in favorable settlement).
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Halley Optical Corp. v. Jagar
International, U.S. District Court, S.D.N.Y. 1989 (prosecution of claim for
return of illegal foreign kick back payments on behalf of principal against
agent resulting in sizable settlement).
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Sobel v. Mizlou Communications U.S.
District Court, S.D.N.Y. 1989 (prosecution of action on behalf of investment
banking advisor against public company for failure to honor investment banking
agreement resulting in favorable settlement).
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Garner v. May Courier America, Ltd., et
al., U. S. District Court, E.D.N.Y. 1990 (defense of air courier company, its
principals and attorneys in RICO action resulting in dismissal of virtually all
causes of action in forty (40) page court decision after four amended
complaints).
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Sports News Network v. Mizlou
Communications, U. S. District Court, S.D.N.Y. 1990 (prosecution of trademark
infringement action for unlawful use of trade name).
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Castelazo v. Vallen, U. S. District
Court, S.D.N.Y. 1990 (defense of principal officers of brokerage house in
securities fraud action by investors).
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Glazier v. Crossland Savings Bank, Sup.
Ct., Kings Co. 1991 (prosecution of action on behalf of borrower for lender
liability claim against bank).
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North Unity Corp., et al. v. Carlyle
Northport Marina Associates, Carlyle Construction Corp., Citibank, N.A., et al.
(In re Northport Marina Associates), U.S. Bankruptcy Court, E.D.N.Y. 1991
(representation of general partner against other general partner, construction
company and lender for fraudulent and unauthorized chapter 11 filing seeking to
unlawfully remove general partner's interest and participation in development
and operation of marina complex).
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Carlyle Northport Marina Associates v.
North Unity Corp., American Arbitration Association, 1992 (New York
Office)(defense of one general partner against claim by other general partner
for breach of partnership agreement).
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Citibank, N.A. v. Joseph Weinstein,
Allen Weinstein, Paul Lawrence, Robert Lawrence, North Unity Corp., et al., Sup.
Ct., Suffolk Co. 1991 (defense of individual guarantors against mortgage
foreclosure proceedings).
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Maxway v. New Era Knitting Mills, U.S.
Bankruptcy Court, W.D. N. Carolina 1992 (defense of supplier in preference
action by debtor/manufacturer).
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Burg v. Brunswick Hospital (In re
Brunswick Hospital), U.S. Bankruptcy Court, E.D.N.Y. 1992 (prosecution of
proceedings by substantial personal injury claimant against bankrupt hospital
resulting in agreement to allow claimant to recover against hospital's medical
malpractice trust fund and to lift automatic stay to allow trial of medical
malpractice action in U.S. District Court to proceed forward).
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Janks Morton v. Donovan "Razor"
Ruddock, et al., U.S. District Court, S.D.N.Y. 1992 (defense of heavy weight
boxer ranked number 2 in the world in action by former trainer for breach of
contract in connection with bouts against Mike Tyson).
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Don King Productions v. Donovan "Razor"
Ruddock, et al., U.S. District Court, S.D.N.Y. 1992 (defense of heavy weight
boxer ranked number 2 in the world in action by promoter for breach of
contract).
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Slater v. Carnevale, U.S. District
Court, E.D.N.Y. 1995 (prosecution of RICO action against executrix and
beneficiaries of estate).
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Cassidy v. Tucker, Supreme Court, NY
1995 (prosecution of fraud action in connection with transfer of property and
mortgage).
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Antitrust review and compliance in
connection with 1997 acquisition by Ratheon of microwave computer chip
manufacturing division of Texas Instruments.
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Sithe Energies Corp. v. Mohawk Power
Authority, Supreme Court, NY County 1997 (prosecution of breach of independent
power producer's contract with NYS Public Electric Utility Company).
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