Over the years, Michael Ira Asen has successfully litigated or settled hundreds of cases in state and federal courts. Summaries of some of those cases are presented below for information purpose only.
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- REPORTED CASES
- Kraemer Export Corp. v. Peg Perego USA, Inc., 1994 WL 86357 S.D.N.Y.;
- U.S. v. Cambindo Valencia, 609 F.2d 603, (2nd Cir. 1979);
- Kandel v. Kurzman, 24 A.D.3d 613 (2nd Dept. 2005);
- Ginsburg v. Carrin, 146 A.D.2d 742 (2nd Dept. 1989);
- Bachman, Schwartz & Abramson v. Advance International, Inc., 251 A.D. 2d 252 (1st Dept. 1998);
- Ramerica International, Inc. v. Mil-Spec Industries, Corp., 293 A.D. 2d 420 (1st Dept. 2002);
- Zaveri v. Rosy Blue, Inc., 4 A.D. 3d 146 (1st Dept. 2004);
- U.S. v. Jacobs, 1992 Wl 12996 (S.D.N.Y. 1992);
- Carpet Group International v. Oriental Rug Importers, Association, United States District Court, District of New Jersey, 95-5574 (JAG), March 28, 2003;
- Muller v. Abbot, 25 A.D. 3d 674 (2006);
- Naane v. Maslavi, 21 A.D. 3d 1069 (2005);
- Community Bank v. Cognetta, 88 A.D. 2d 897 (1989);
- U.S. v. Busic, 472 F.Supp 880 (EDNY 1977).
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INTERNATIONAL EMBEZZLEMENT
In 1994, Michael Ira Asen was retained by South Korea’s largest dairy company to obtain the return of a fugitive middle-management employee who had embezzled over $38 million from the company and fled to the United States. He coordinated efforts with Seoul police and prosecutors, Interpol, the U.S. Department of Justice and the Immigration and Naturalization Service. The fugitive was located in New Jersey, arrested and tried in the U.S. Immigration Court with Michael Asen leading the prosecution. Found guilty of overstaying his visa, he unsuccessfully appealed to the U.S. Board of Immigration Appeals, and was thereafter returned to South Korea.
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- ESTATE LITIGATION
Michael Asen and his staff successfully litigated and settled, in 1995, a complex family estate Surrogate’s Court proceeding, involving extensive real property on Long Island, New York. Utilizing the services of investigators, real estate appraisers and title examiners, he uncovered concealed transfers of millions of dollars worth of valuable Long Island land from individual to corporate ownership and exposed an attempt to divert and secrete valuable assets from his client.
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- LIABILITY FOR TOXIC CONTAMINATION
In 1996, Michael Ira Asen was retained to represent a Queens, New York family whose private home was destroyed and their lives emotionally scarred by an oil delivery company that carelessly poured over 150 gallons of heating oil into their basement. The family was distraught. He saw to it that the house was properly cleaned and free of oil and helped the family to recover for their loss of personal property, the decreased value of their home and for their emotional and physical suffering.
This tort case represented environmental issues, human health concerns, psychological consequences, remediation and restoration issues, as well as the legal questions concerning liability and damages.
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- ANTI-TRUST DEFENSE
In December 2003, as counsel to a prominent Oriental rug importing company, Michael Asen successfully defended his client in a multi-defendant anti-trust jury trial. The jury returned a verdict in favor of his client which awarded no money to the plaintiff.
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- MEDICAL MALPRACTICE
A 35-year-old man entered a New York hospital exhibiting signs of a stroke. The hospital misdiagnosed the stroke as a psychotic episode and involuntarily admitted the man into the hospital’s psychiatric ward. While restraining him, the hospital’s security guards fractured the man’s hip causing extensive injuries.
In an action against the hospital, commenced in 1997, Michael Asen recovered a substantial settlement for the client because of the hospital’s acts of medical negligence. |
- SEXUAL DISCRIMINATION AND HARASSMENT
In 1998, Michael Ira Asen was retained by a young woman who had been working for several years as an entry-level specialist for a prominent Wall Street securities firm. Her immediate supervisor made numerous lewd and inappropriate comments and gestures directed at her during working hours. The supervisor prevented the woman from being promoted, keeping her subordinate to him.
Michael Asen negotiated with the firm to settle with the woman for a substantial amount of money for the discrimination and harassment against her.
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- COMMERCIAL/EMPLOYMENT LITIGATION
In 1999, Michael Ira Asen was retained by a major international diamond and jewelry wholesale distribution company to defend it against a multimillion dollar lawsuit brought by one of its former employees for the alleged breach of his employment contract. The damages sought by the plaintiff contained, among other claims, a claim for $1,000,000 in punitive damages.
Michael Asen got the claim for punitive damages dismissed. and also elicited from the plaintiff, during his deposition, an admission of his own wrongdoing. This evidence allowed Michael Asen's client to bring a claim against its accuser. In March 2003, Michael Asen successfully handled the case at trial by obtaining a dismissal of the plaintiff’s case, and also obtained a judgment awarding legal fees to Michael Asen's client.
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Foreigners in Ecuador have exactly the same rights as Ecuadorians under the Constitution. Foreigners are free to hold real estate and property in Ecuador under exactly the same conditions as Ecuadorians would.
Furthermore, private property has been, since the onset of the Republic, one of the main pillars of our economic system and this is not bound or likely to change.
Confiscations are prohibited by the Constitution and expropriations can happen, although very rarely, under national interest circumstances and after due compensation has been settled. For example, if a highway or an airport needs to be built. This will not be an issue with AQUALINA.
You will get your deed fee simple in Aqualina.
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AQUALINA will enjoy important communal amenities. For starters, an elevated deck with tanning beds and shaded tables; and an infinity swimming pool, all with a marvelous ocean view.
A big, designer-led foyer and a lounge that will have a library with books donated from all over the world, as well as seating spaces.
There will be pedestrian entrances to AQUALINA that will facilitate getting to the deck and pool from the beach as well as getting to your condos. These entrances will be an attraction in themselves.
There will be Wi-Fi in designated areas too.
- Internet access?
Azul Pacifico will enjoy high speed internet access to each condo, and will have special designated Wi-Fi areas such as the library and club-house. Internet service will carry a nominal monthly cost, in accordance to the chosen bandwidth.
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There will be landlines and cell phone service coverage in Azul Pacifico, as well as high speed internet. There will also be a communication system between the condos themselves and to the reception house, the security gate, the restaurant and other key areas within Azul Pacifico.
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Azul Pacifico will have a network of roads made for motorized vehicles; nonetheless, in order to work towards ensure the quality, safety, tranquility and value of Azul Pacifico amidst such a spectacular setting, the use of private combustion vehicles in Azul Pacifico will be restricted.
You may get to your condo or the designated parking spaces in your car and out of Azul Pacifico when needed, however, for internal transportation inside Azul Pacifico there will be specialty electric vehicles available.
Some of these specialty vehicles will be part of the Azul Pacifico administration and will carry 6 or more passengers and will do rounds inside the development; for example, from the beaches to the condos, through the communal areas and more.
The specialty vehicle fleet will be provided by Azul Pacifico, and their operation and maintenance will be borne upon the Azul Pacifico Administration.
Residents of Azul Pacifico may have their own electric vehicles in the development.
It should be noted that at 50 acres, all of Azul Pacifico is walking distance away from point to point. Walking or even bicycle riding will be a very enjoyable and healthy option too.
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Tap water, as in most every city in the world, is not completely safe for drinking. The same will hold true for Azul Pacifico as it will get its water from the main grid.
Filters are available and purifying systems can be installed at many levels.
Nonetheless and for safety’s sake and peace of mind, for cooking and drinking, Azul Pacifico will make available large bottle waters to be delivered on demand to each condo, as needed.
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Yes, Azul Pacifico can be enjoyed by any generation, including senior citizens and families with children too.
We aim for a lively place where you can lead an active or as laid back a life as you wish. There will be areas in Azul Pacifico that will cater more to the younger generation and children and areas that will cater more to the senior generation.
There are many options to choose from. Some adults will love being around children while some others will seek more tranquility.
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Azul Pacifico will have a set of covenants in place to ensure its high standards and values.
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