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Partner Alan Yatvin Secures Preliminary Approval of Landmark Settlement That Will Ensure NYC Children with Diabetes Receive Appropriate Care in School

By: Patrick Krenicky

Weir Greenblatt Pierce LLP partner, Alan Yatvin is part of a team that secured a federal court’s preliminary approval of a landmark settlement for New York City children with diabetes. The settlement will ensure that children with diabetes in New York City receive the care they need to fully participate in school and school-related activities. Click here to read more about this ground-breaking settlement.

Weir Greenblatt Pierce Team Secures Dismissal of Fraud Action Over Sale of Philmont Country Club

By: devweb

Weir Greenblatt Pierce (WGP) partners, Walter Weir, Jr., Susan Verbonitz and Alan L. Yatvin, recently secured a complete victory for their clients, Concert Golf Partners and its principal, Peter Nanula, in a fraud action brought against them by developer North Penn Towns (NPT), when United States District Court Judge Karen Spencer Marston granted summary judgment in favor of WGP’s clients on all claims.

The action arose from Concert’s purchase of the Philmont Country Club in 2017.  NPT had been a suitor for purchase of a 61-acre portion of the Club’s property for development of residential homes.  The deal fell apart in September of 2016, and Concert, which purchases distressed golf clubs, infuses capital and manages them back to financial viability, ultimately purchased the entire Club.  Concert agreed to pay off the Club’s debts of nearly a million dollars, make a set of specific capital improvements, estimated to cost approximately $4 million dollars, and agreed to make a further capital improvements of about $5 million upon sale of the development parcel.

NPT sued Philmont Country Club, the non-profit that had owned the Club of the same name, Concert, Nanula and others in the Montgomery County Court of Common Pleas over the sale.  NPT then settled with Philmont, part of which included assignment of Philmont’s non-contractual claims to NPT.  NPT then filed suit in district court against various Concert entities and Ridgewood, a developer working with Concert, alleging violations of federal antitrust law, fraud, breach of contract and conspiracy, On August 12, 2021, Judge Marston dismissed the federal antitrust and conspiracy claims, some of the fraud claims, and claims of aiding and abetting fraud.

NPT then filed an amended complaint asserting fraud, fraudulent nondisclosure, and fraudulent concealment under Restatement (Second) of Torts §§ 550 and 551, and aiding and abetting fraud.  The suit asserted that Concert and Nanula never intended to make the agreed capital improvements and that Concert’s collaboration with developer Ridgewood somehow compromised the sale price of the Club.  There was also a breach of contract claim against Ridgewood arising from an alleged breach of a confidentiality agreement.

In her July 28, 2022, Opinion granting summary judgment as to all defendants on all counts, except the breach of contract claim against Ridgewood, Judge Marston agreed with WGP that the fraud claim asserting misrepresentations as to the capital improvements was barred by the gist of the action doctrine, because the allegations of fraud involved duties that were outline in the sales agreement.  Because the action sounded in contract, not tort, the fraud claims were barred. 

NPT’s fraudulent concealment and non-disclosure claims under the Restatement (Second) of Torts related to alleged failure to disclose and actively concealing that Concert and Ridgewood were working together.  Judge Marston dismissed these claims after concluding that Concert and Nanula had no duty to disclose their relationship which was neither material nor basic to the transaction and that Ridgewood was not a party to a business transaction with Philmont.  Finally, because the fraud claims were dismissed as to all defendants, the aiding and abetting fraud claims were also dismissed.

Commenting on the decision, Walter Weir, Jr., said:  “This was an astounding victory for the defendants and represents the best of our judicial system to ferret out and make simple what was an unnecessarily complicated case.”

Read the Full Opinion here: Summary Judgment Memorandum Opinion

Read more about the case in the Legal Intelligencer here: Fraud Claim Over Sale of Philmont Country Club Dismissed

Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.

By: alan-yatvin

On June 18, 2019, United States District Judge Nina Gershon, of the Eastern District of New York, certified a class defined as:

All students with diabetes who are now or will be entitled to receive diabetes related care and attend New York City Department of Education schools.

The case, M.F., et al. v. The New York City Department of Education, et al., was brought by the parents of three New York City public school students with diabetes and the American Diabetes Association, suing as an organizational plaintiff on behalf of its members who who include children with Type 1 and Type 2 diabetes who attend New York City Department of Education (DOE) schools and their parents. Continue reading “Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.”

January 22, 1973, at about 10 AM

By: alan-yatvin

Memory is strange.  My son, Dan, has a savant-like ability to precisely place and describe even the most mundane events, going back to nursery school.  My recall of even important moments is foggier.  Unlike most people born before 1960, I do not remember where I was when I learned that John F. Kennedy had been shot.

However, one very distinct memory I have from my youth is where I was on January 22, 1973, at about 10 AM. Continue reading “January 22, 1973, at about 10 AM”

Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.

By: alan-yatvin

Alan L. Yatvin is serving as co-counsel in a federal class action lawsuit filed on November 1, 2018, alleging the New York City public schools routinely violate the rights of students with diabetes by denying them necessary services and even excluding them from some school activities altogether. Almost two months into another school year, many parents of children with diabetes still face the impossible choice of sending their child to school without knowing whether their child will receive the necessary diabetes-related care or keeping them at home.

Disability Rights Advocates (“DRA”), the American Diabetes Association (“ADA”), and Law Offices of Popper & Yatvin are suing the New York City Department of Education (“DOE”) and other New York City agencies for their systemic failure to ensure that students with diabetes can attend school safely and have access to the same educational opportunities as their peers. This constitutes a clear violation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the New York City Human Rights Law. Continue reading “Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.”