Jeremias v TOMS Captial

On April 14, 2022, David G. Skillman and Gregory O. Tuttle of Tuttle Yick LLP prevailed in appeal before the Appellate Division, First Department, preserving claims for tens of millions of dollars for Tuttle Yick’s clients and beating back their adversaries’ counterclaims.

Tuttle Yick represents Harry Jeremias, founder of Harch Group, against Noam Gottesman, hedge fund billionaire and CEO of TOMS Capital, in a joint venture dispute involving the development over a property adjacent to Gottesman’s residence in Manhattan’s Meatpacking District. Jeremias alleges that Gottesman wrested control of the development away from Jeremias and purposefully left the property undeveloped, triggering a contractual obligation to pay Jeremias an agreed-upon fee for “underdevelopment.”

On dueling motions for summary judgment, the trial court upheld nearly all of Jeremias’s claims and dismissed Gottesman’s counterclaims for fraud. Because of Tuttle Yick’s advocacy, the Appellate Division affirmed and even reinstated Jeremias’s implied covenant claims, which the trial court had dismissed.
To read the full decision, please click here.