Firm Overview


 
 

Gottesman, Wolgel, Flynn, & Weinberg, P.C. is a New York and New Jersey law firm with over 90 years of diverse experience in litigation, transactional and appellate practice.

Founded in 1920 as Walter & Fertig and as trial counsel for insurance, fidelity & surety companies, the firm’s practice has grown to include commercial litigation, debt collection and recovery, mortgage foreclosures, construction law, bankruptcy and creditor’s rights, banking and real estate transactions, asset based and unsecured financing, loan structuring and documentation, corporate formation, business disputes, employment law, coverage opinions and declaratory judgments, receivership, and estate planning and administration.   

 

Professionals


Practice Areas


 
  • Representing Sureties in transactional matters, project completion, and federal and state court litigation involving payment and performance bonds, Miller Act bonds, lost instrument and open penalty indemnity bonds, customs single entry and general term bonds, utility bonds, fiduciary bonds, safe deposit bonds, workers compensation bonds, black lung bonds, supersedeas bonds, appeal bonds, bail bonds, environmental “closure” bonds, and miscellaneous court and tax bonds. We also render opinions on financial guarantee and suretyship questions as well as reinsurance recoveries.

  • Coverage analysis of the various insuring agreements, claims investigation and assessment, negotiation, litigation, defense and subrogation. We have tried fidelity cases to verdict and have secured important trial opinions: multiple thefts over an extended period were a single “series of acts” for purposes of fidelity coverage; and have litigated inventory loss calculation issues. We have handled cases involving employee dishonesty, religious institutions, nursing homes, payroll companies, retail goods wholesalers and losses caused by the acts of public officials. We have succeeded in securing the withdrawal of fidelity claims premised upon losses caused by public officials under Public Employee blanket bonds; In re City of New York v. Union Indemnity Ins. Co. in Liquidation, [Fidelity coverage analysis persuaded City of New York to withdraw fidelity claim exceeding $35,000,000.00]. The firm also handles financial institution bonds and related insurance claims including forged endorsement claims, lost and replaced securities claims, payments over stop orders, safe deposit liability and the defense of alleged intentional torts against financial institutions.

  • Defending Insureds against claims involving general negligence, intentional torts, New York Labor Law, property damage, premises liability and products liability for claims for injuries caused by caustic solutions, industrial machinery, and defective equipment. Related topics include coverage issues, hold harmless disputes, contractual indemnification claims, excess coverage and declaratory judgment proceedings.

  • Serving as local counsel for the United States Small Business Administration as Receiver of various Small Business Investment Companies in marshalling and liquidating assets of the receivership estate for the benefits of creditors for the past 25 years. This practice area includes enforcing and pursuing the rights, remedies and claims of the SBA as Receiver against third parties on promissory notes, subscription agreements, securities, debts, judgments, contracts, loans, foreclosures, sales of assets, debt restructuring, leases, title transfers, security interests, employment contracts and issues, fiduciary duties, prudent investor rules, and general partnership and corporate matters. Also serve as counsel to Court-Appointed United States Security and Exchange Commission Receiver, includes enforcing and pursuing the rights, remedies and claims of the receiver, assisting in marshalling assets, claim analysis and distribution to claimants.

  • Representing banks, cooperative corporations, companies and individuals in acquisition, financing and leasing of real estate and chattel. This practice includes contract and lease negotiations, title review, refinancing, residential and commercial loans, foreclosures, landlord and tenant disputes, evictions, ejections, title indemnification claims and issues, forbearance agreements, loan restructuring, creditor’s rights, bankruptcy, and debt collection.

  • Representing companies and individuals in business disputes and employment issues, including partnership and shareholder disputes, construction litigation, errors and omissions litigation, employee dishonesty, corporate formation and dissolution, and indemnification of officers and directors.

  • Estate and trust planning, probate, estate and trust administration, as well as Guardianship proceedings under Mental Hygiene Law Article 81 and SCPA Article 17.