New Jersey:
342 Grand Avenue
Englewood, NJ 07631
Phone: 201-567-6144
E-Fax:877-827-2531
New York:
324 W 83rd St. Suite. 4S
New York, NY 10024
Phone: 212-874-6181
E-Fax:877-827-2531

Resume

 

vic

 

Victoria M. Brown, Esq.

 

201-567-6144 (NJ Office)

212-874-6181 (NY Office)

 

pen

EDUCATION:

Boston University, Boston, Mass. – College – B.A.- 1977

New England School of Law – J.D. 1981


STATE BAR ADMISSIONS:

New York – 1983; New Jersey – 1989; Florida – 1983; Mass. – 1982


FEDERAL COURT ADMISSIONS:

Supreme Court of the United States, Federal Circuit Court, Federal District Court, Southern and Eastern District of New York, NJ Bankruptcy Court


EXPERIENCE:

REAL ESTATE: Worked as in-house real estate counsel in New York City, NY for nationwide companies such as Corporate Property Investors and Shearson Lehman Brothers and Hartz Mountain, Secaucus, NJ and then doing all aspects of real estate working in private practice. This real estate experience includes, without limitation, buying, selling (including short sales), leasing (ground, net, gross and residential), condominium (formation, transactions and collections), coops, development (including construction and architectural contracts), mortgages (including preparation and negotiation and  foreclosures), tax liens, tax foreclosure, tax appeals, variances, zoning, land use and condemnation.

BUSINESS: Formed many corporations for small business clients and worked out the details of often complex shareholder agreements; bought and sold businesses for clients; prepared non-compete and confidentiality agreements on an as-needed basis; and otherwise served the needs of small business clients litigating a wide spectrum of business issues.

BUSINESS FRAUD: Skilled in examining all aspects and details of a case to uncover potential fraud so as to permit causes of action not otherwise apparently available, e.g., piercing the corporate veil so as to be able to sue individual officers and owners of a company, fraudulent conveyance of assets.

INTERNET LAW: Beginning in 2000, began working with small business dot.com companies negotiating and litigating web development, web hosting, joint development and associated agreements.  Successful in defending against libel and in claims of libel.

LITIGATION: Litigated in the Superior Court of NJ (Bergen, Hudson, and Passaic counties) and in the Supreme Court of New York (New York, Queens, Bronx, Brooklyn, Nassau, Westchester and Rockland Counties), the Appellate Term in NYC, and the Appellate Division, First and Second Departments in New York State. These law suits involved disputes, breaches and fraud concerning business contracts, property transfers, partnership and shareholder agreements/responsibilities, brokerage commissions, landlord/tenant matters, commercial transaction and the Uniform Commercial Code.

PROBATE: Filing of probate for Letters Testamentary and/or Letters of Administration. Litigating for beneficiaries when their rights are in question or being violated.


MEMBERSHIPS:

Current:

  • Association of the Bar of the City of NY
  • Bergen County Bar Association
  • Rotary Club
  • Licensed member of the NJ, NY, FL and MA Bars.

Past:

  • Former member of NJ Women in Real Estate and “NJAWBO”-NJ Association of Women Business Owners.
  • Former Kiwanis Club of Englewood-Englewood Cliffs (Past President).

SPEAKING ENGAGEMENTS:

  • Active lecturer and speaker for Bergen County Bar Association and National Business Institute seminars for attorneys

DECISIONS OF INTEREST:

Internet Defamation: Obtained a restraining order against an individual who was attacking my client’s business online.  See: Capital Funding, Inc vs. Stephen Garzone, Index No 150811/2013, Supreme Court, Richmond County, NY

Internet Free Speech: Successfully defended my client’s right to speak against an individual and his company online.  See: Clifford Kaplan a/k/a Cliff Kaplan, Plaintiff vs. Zaid Farooqui, Defendant, Supreme Court, New York County, Index No 161323-13

Defamation/Libel InternetVictoria Brown represented the Plaintiff, Jean Walton Leser who sued for libel per se for harm to her reputation and chastity as a woman, because of offensive remarks and pornographic images that Defendant posted in her name on a blog website and on a pornographic website. The Defendant was found guilty. What made this case unique and often quoted is that it was the first time in such a case that connected the “internet dots” (from IP addresses garnered from web host subpoenas to names and addresses obtained from the internet provider, with additional supporting evidence from various names used in email address and avatars used in online chats, all linked to the Defendant, employed as a computer security analyst at New York University). The Plaintiff was awarded attorney’s fees and punitive damages.  Leser v. Penido, 2013 NY Slip Op 30352 (N.Y. Sup. Ct., 2010)( upheld on appeal, 96 A.D.3d 578, 947 N.Y.S.2d 441, 2012 N.Y. Slip Op. 4942 (N.Y. App. Div., 2012)

Check Cashing: Victoria M. Brown has succeeded in litigation against check cashing companies. The cases involved unscrupulous contractors who took deposit checks for work never performed and then disappeared or became insolvent. In both instances the check cashing company had to pay for the loss because, based on the technical requirements of the law, they failed to exercise due diligence. These cases set precedent in N.J. See: National Check Cashing v. Laurence and Lisa DesRoches (NY2007), Fairview Check Cashing v. Hilda Solworth (NY2003).

Lease/Guaranty limitation: This case was won and set new precedence in NYS for guarantors of rent controlled leases. The guarantors who sign for tenants are now no longer held continuously liable under renewal leases when they send adequate notice to the landlord of termination of their guaranty.Levine vs Segal, 669 NYS2d 135, 174 Misc 2d 998 (1997), appealed and affirmed, 682 NYS2d 375, 1998 NY Slip Op. 11,647 (1998, 1st Dept).

Partnership Dispute/Fraud: This case involved real estate partners and lenders who invested in a real estate condominium development project. One of the hostile partners sold units against a court order and was found in contempt upon motion by Victoria M. Brown. This case clarified that an order of the court must be obeyed by all parties with knowledge of the order even if they are not a party to the litigation and even if a required bond had not yet been posted.  Guiliano vs Carlisle, 653 NYS2d 635, 236 AD2d 364 (1997).