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As a partner at Farrell Fritz, P.C., James Wicks represents a variety of large and small business and financial service enterprises. Over the course of his legal career, Mr. Wicks has assisted clients with their real estate disputes, including sale/leaseback disputes, environmental cleanup actions, foreclosures, broker disputes, boundary and adverse possession disputes. With such a broad range of experience in business and commercial litigation, James has a unique and fair take on most cases that come his way, which is why he is a frequent contributor to the firm’s blog New York Commercial Division Case Compendium. Along with his duties at the firm, Mr. Wicks is also an adjuct Professor of Law at St. JOhn’s university School of Law.
Bar and Court Admissions
Court Declines to Strike Complaint for Serious Discovery Abuses, But Does Strike Note of Issue and Certificate of Readiness: Wheeler v. HSBC Bank USA, N.A.
In a January 20, 2012 decision by Justice Demarest, the court granted in part defendant’s motion to strike, by striking the Note of Issue and Certificate of Readiness, but the court declined to strike the Complaint and dismiss the action for alleged discovery abuses. The case arose out of a...
Action Against Swimming Pool Installer For Defective Installation is Dismissed: Rush v. Swimming Pools by Jack Anthony, Inc.
In an April 25, 2011 decision by Justice Warshawsky, the Court granted defendant’s motion to dismiss all six claims asserted, thus dismissing the action. Plaintiffs had contracted with defendant to install a vinyl swimming pool at plaintiffs’ Water Mill home. ...
Motions for Summary Judgment Granted in Part, Denied in Part, in Action Brought by Hospital Against Insurer to Recover for Breach of Contract for Premiums Drawn Down from Letter of Credit: Lenox Hill Hosp. v. Amer. Int'l Group, Inc.
In a June 7, 2011 decision by Justice Fried, the Court granted in part and denied in part cross-motions for summary judgment. Defendant Lexington issued two consecutive excess healthcare professional liability insurance policies with plaintiff as the first named insured. The Court concluded...
Motion to Sever the Issue of Damages Under CPLR 603 Denied: East 115th Street Realty Corp. v. Focus & Struga Building Developers LLC
In a May 31, 2011 decision by Justice Bransten, the Court denied plaintiff’s motion to sever the issue f damages. The Court had previously granted summary judgment to plaintiff on a claim its negligence claim against one of the defendants. Plaintiff then moved, pursuant...
Claim for Real Estate Broker's Commission Survives Motion to Dismiss: Eastern Consol. Props., Inc. v. Extell Dev. Co.
In a March 24, 2011 decision by Justice Fried, the Court decided defendant’s motion to dismiss plaintiff’s complaint seeking recovery of real estate brokerage commission. Specifically, defendant claimed that the breach of contract claim should be dismissed pursuant to CPLR...