On Monday, October 19, 2015, the Plan Administrator of Sound Shore Medical Center of Westchester (the “Debtor”) stipulated to the discontinuance of the adversary proceeding it had brought against a prominent neurosurgeon. The Debtor has brought an adversary proceeding in United States Bankruptcy Court for the Southern District of New York claiming that payments the neurosurgeon had received in the 90-day period prior to the Debtor’s initial bankruptcy filing (the “Preference Period”) were improper “preference” payments that could be avoided and recovered from the doctor. In addition, the Debtor sought to disallow any claim by the neurosurgeon for additional payments until the Debtor received the repayment of the alleged “preference” payment.
The neurosurgeon, represented by James Denlea and Myles Bartley, convinced the Debtor that its suit should be discontinued, with prejudice, and with no payment by the doctor. Defendants were able to demonstrate that the doctor could show that he had provided, during the Preference Period, “new value” for which he was not compensated and that the payments were in the ordinary course, both complete defenses to the Debtor’s claims.
For much of the past decade, Jeff has been recognized annually by his peers as a New York “Super Lawyer”
Bob is an experienced class action lawyer, who has achieved hundreds of millions of dollars in recoveries for aggrieved
Peter graduated from the University of Pennsylvania and received his law degree from Tulane University School of Law
Lindsey Leibowitz, Of Counsel, is an experienced Intellectual Property lawyer specializing in trademark and copyright
Myles Bartley is a seasoned litigator who has successfully tried cases in state and federal courts across the country
Amber Wallace is an experienced complex commercial litigator and a perennial Super Lawyers “Rising Star.
For over two decades, John has been litigating cases in Federal, state and municipal courts throughout New York and