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January 16, 2024 /by /News

Lachtman Cohen & Belowich attorneys Brian Belowich and Kerry Cunningham won a hard-fought 3 ½ month trial before the Hon. Sheri L. Eisenpress of the Rockland County Supreme Court in a highly contentious and complex commercial litigation.

In B&G Contracting, Ltd., et al. v Eugene Cervini, et al., Index No. 34697/2018, Belowich and Cunningham represented B&G Contracting’s majority shareholders in an action involving claims against the minority shareholders for breach of fiduciary duty and usurping corporate opportunities.

As the Court noted in its Decision and Order after Trial: “The case proceeded in front of a jury on October 19, 20, 21, 24, 2022 and October 26, 2022.  However, after about four full days of trial before a jury, it became apparent to all counsel and the Court that the trial would, in fact, take much longer than anticipated. As a result of this miscalculation, the level of complexity of the financial documents being proffered into evidence and various scheduling issues, the parties stipulated and agreed to convert the jury trial to a bench trial which then proceeded to conclusion … on November 4, 19, 21, 22, 23, 29 and 30, 2022; December 1, 2022; January 4, 5, 6, 9, 11, 19, 20, 24, 25 and 30; and February 6, 2023.”

On December 29, 2023, the Court found that the minority shareholders breached their fiduciary duties to the majority shareholders and usurped corporate opportunities, and on January 5, 2024, it entered judgment in favor of the firm’s clients in the sum of $1,620,943.

The Judgment After Trial and the Court’s Decision and Order After Bench Trial can be read here: Judgment + Decision & Order After Trial.