Ryan D. Hersh

Associate | Litigation

11 Grand Central East
New York, New York 10017

Passed the July 2018 Uniform Bar Exam (in NY)
New York State
Southern District of New York
Eastern District of New York

Prevailed on summary judgment and obtained an order enjoining and restraining a condominium unit owner from maintaining unauthorized alterations and an order to restore such conditions to their original condition in accordance with the governing documents of the Condominium. Such alterations included a staircase leading to an attic where an egress was created by breaking through a portion of the unit’s ceiling and wall, a finished attic space consisting of new electrical wiring, sheetrock, flooring and carpeting, and a skylight.
In an action involving a dispute between two shareholders and their Cooperative concerning water infiltration into the Shareholders’ apartment emanating from an atrium which the Shareholders erected on their terrace, Hersh prepared the summary judgment motion where the Court agreed that the Proprietary Lease dictates that the expectation of the parties was that the Shareholders were solely responsible for the maintenance and upkeep of their atrium and consequently dismissed the Shareholders’ Complaint against the Cooperative and its Managing Agent and likewise directed the Shareholders to reimburse the Cooperative for their expended attorneys’ fees.
Obtained a temporary restraining order enjoining and restraining certain directors of a Cooperative from entering into any contract/agreement and/or participating in any decision and/or voting on any matter before the Board, except those that were reasonably necessary for the Cooperative to maintain its standard day-to-day operations, in an action where such directors were removed from the Board by a vote comprising of the majority holders of the outstanding shares of the Cooperative and such directors attempted to circumvent the vote by relying on a purported amendment to the Cooperative’s By-Laws which were contrary to the governing documents of the Cooperative and New York law.
Succeeded on a motion to reargue in an action where a Cooperative terminated a Shareholder’s Proprietary Lease due to objectionable conduct and commenced a holdover proceeding. The District Court initially denied the Cooperative’s motion for summary judgment but relied on the incorrect provisions of the Cooperative’s governing documents. The Court thereafter granted Hersh’s motion to reargue and awarded the Cooperative summary judgment and dismissed the Shareholder’s counterclaims. The Shareholder appealed to the Appellate Term, Second Department, where Hersh likewise prevailed and the order granting summary judgment in favor of the Cooperative and dismissing the Shareholder’s counterclaims was affirmed.
Prevailed in the Appellate Term, First Department, and obtained an order staying an eviction of a commercial tenant during the pendency of the relevant appeal.
In an action involving a dispute between shareholders in a close corporation where a shareholder sought to dissolve the Corporation, as well as other forms of relief, Hersh prevailed on moving to dismiss the Amended Complaint in such action.
In an action where two shareholders sued a corporation and two individual shareholders seeking damages for alleged breach of contract, breach of fiduciary duty, and conversion, Hersh prevailed on dismissing such claims on a motion to dismiss.
Heavily assisted in the preparation of a summary judgment motion and opposition to a summary judgment motion in a federal interpleader action commenced by the United States of America to determine ownership of a 1996 Ferrari F50 where each interpleader defendant claimed ownership of such vehicle, which resulted in the Magistrate recently issuing a favorable Report and Recommendation as to ownership.