MGS Secures Complete Dismissal of Claims in Westchester Supreme Court

McCullough, Goldberger & Staudt LLP (MGS) recently obtained a victory for our clients, Gerald F. Lambert and Bradley F. Lambert, in the case of Component Assembly Systems, Inc. v. Gerald F. Lambert, et al.

The Supreme Court of the State of New York, County of Westchester granted our motion to dismiss all causes of action asserted against the Lambert defendants, including claims for breach of contract, negligence, and fraud related to an alleged failure to clear environmental contamination prior to the sale of vacant property previously used as a gas station.

The Court found the breach of contract claim was barred by the six-year statute of limitations. The claim was not revived by Plaintiff’s latent alleged discovery of contamination. The negligence claims were dismissed because the plaintiffs failed to allege a legal duty independent of the real estate contract. Finally, the fraud claims were dismissed because the alleged fraud arose only from, and merged with, the breach of contract claim, and the complaint failed to plead the required elements of fraud in detail.

MGS’s Patricia Wetmore Gurahian, Partner and Chair of MGS’s Litigation Department and Robert W. Cushing, Associate and member of MGS’s Litigation Department were instrumental in obtaining this outcome.  

Together with Charles Goldberger, Patricia Wetmore Gurahian manages the firm’s litigation department. Ms. Gurahian heads the firm’s Appellate practice, and handles a wide range of general litigation matters including Municipal Defense and Surrogate’s Court litigation. 

Robert W. Cushing is a member of the Litigation Team at MGS. The team has extensive experience in trial and appellate practice in State and Federal Courts in Westchester and surrounding counties, and in Surrogate’s Courts throughout the state.