Areas of Concentration

  • Civil and commercial litigation including trials and appeals
  • Estate administration
  • Estate planning
  • Estate litigation
  • Matrimonial agreements and litigation
  • Transactional matters including the negotiation and drafting of a wide variety of agreements including business agreements of many kinds, and pre- and post-nuptial agreements

Sample Clients

  • A mini-conglomerate which was formerly a public company but whose shareholders took it private and which now has real estate interests in several States
  • An indoor tennis facility in Manhattan
  • A manufacturing company which also engages in commercial leasing of some of its properties
  • One of the fiduciaries of a large and convoluted estate which has generated a number of different Surrogate’s Court proceedings and other litigation
  • The beneficiary of a multi-million dollar STOLI policy who is engaged in litigation over the ownership of the death benefits
  • An investor relations firm whose clients are publicly-held companies
  • Two executors who are engaged in litigation against the draftsman of the Will who, they allege, committed malpractice in the drafting of the Will causing the estate to unnecessarily pay estate taxes
  • Various real estate investors
  • Artists, art galleries and others involved in the art world
  • Other lawyers engaged in commercial disputes or involved in ethical issues
  • Software developers
  • A medical foundation
  • Clothing manufacturers, designers and salespersons
  • Employers and employees in connection with the drafting and negotiating of employment agreements
  • Householders buying and selling residential real estate including condominiums, co-operative apartments and homes
  • Individuals with matrimonial problems or who require pre- or post-nuptial agreements

Representative Litigation Matters (Reported Decisions Only)

Reported decisions in which Mr. Wolfe appeared as counsel include the following:

  • Davidson v. Perls, 42 Misc3d 1205(A). In a celebrated case which received page 1 publicity in the New York Times, in which he represented the estate of a well known and highly respected art dealer, who had been the exclusive American dealer for the late Alexander Calder, he obtained an order which denied the motion of the plaintiffs to amend their complaint and granted summary judgment to the defendants, completely dismissing the complaint with prejudice.
  • In re Lind, 78 AD3d 555, 913 N.Y.S.2d 20 (1st Dep’t. 2010) affirming 2009 WL 1725818 (Sup., 2009). Affirmed an order granting summary judgment dismissing a wrongful death claim against a surviving widow, brought in an effort to prevent her from inheriting valuable joint properties based on the allegation that she had intentionally caused the death of her husband.
  • Harger v. Price, 204 F.Supp.2d 699 (S.D.N.Y. 2002). In a business dispute, granted a motion to dismiss most of the claims brought by a former shareholder against the corporation and his former co-shareholders.
  • Painewebber, Inc. v. Arstk, Inc., 1999 WL 199065 (US Dist. Ct., S.D.N.Y.). In a business dispute, denied a motion by some of the defendants in an interpleader action to dismiss or, in the alternative, transfer venue.
  • Arstk, Inc. v. Audre Recognition Systems, Inc., 1996 WL 229883 (U.S. Dist Ct., S.D.N.Y.). Granted motion to remand action to Supreme Court of New York and denied application of some defendants to transfer action to California.
  • Trimmer v. Pase, 202 A.D.2d 661, 610 N.Y.S.2d 833 (2nd Dep’t. 1994). Affirmed the order appealed which had granted summary judgment to plaintiff. The underlying litigation had previously been settled, but the plaintiff subsequently discovered that the defendant had made a fraudulent representation in the settlement agreement, on which she had sought and obtained summary judgment which was affirmed in this case.
  • Matter of Perlmutter, 150 A.D.2d 121, 545 N.Y.S.2d 716 (1st Dep’t. 1989) and Matter of Perlmutter, 141 A.D.2d 253, 533 N.Y.S.2d 860 (1st Dep’t. 1988). Wrote all the briefs in related cases which resulted in avoiding disbarment for a lawyer convicted in federal court of money laundering, establishing that the closest analogue under New York law was not the felony of larceny but was a misdemeanor so that the client was suspended for the period of her probation and avoided the automatic disbarment which results from the commission of a felony.
  • Rigberg v. Rigberg, 124 A.D.2d 723, 508 N.Y.S.2d 229 (2nd Dep’t. 1986). Obtained a modification of a pendente lite order in a divorce action.
  • Sontag v. Sontag, 114 A.D.2d 892, 495 N.Y.S.2d 65 (2nd Dep’t. 1985). Upheld a divorce settlement stipulation which had been reached not in open court but in the judge’s chambers and thereby affirmed a ruling that the stipulation was fully enforceable.
  • Federated Department Stores v. Esser, 96 Misc.2d 567, 409 N.Y.S.2d 353 (Sup., N.Y. County, 1978). Upheld the right of the client’s wife to assert the privilege of a confidential husband-wife communication with respect to the whereabouts of the husband.
  • Diversified Development v. Stavitsky, 41 A.D.2d 521, 340 N.Y.S.2d 55 (1st Dep’t. 1973). Obtained the reversal of an order which had denied a motion to vacate a default by the defendant.
  • Lender v. Lewis, 38 A.D.2d 893, 328 N.Y.S. 838 (1st Dep’t. 1972). Affirmed an order in a specific performance action which was tried to a successful conclusion in the lower court.
  • Gardner v. Gardner, 37 A.D.2d 778, 325 N.Y.S.2d 522 (2nd Dep’t. 1971). Obtained the modification of the principal provisions of a pendente lite order which had been entered in a divorce action.
  • In re Goldstein’s Will, 34 A.D.2d 764, 310 N.Y.S.2d 602 (1st Dep’t 1970). Wrote the brief for an appeal which reversed an order of the Surrogate’s Court which had refused to dismiss an objection to probate and which had declined to probate the Will which had been offered for probate.
  • MacFadden-Bartell Corporation v. Record Beat Publishing Co., 33 A.D.2d 893, 306 N.Y.S.2d 886 (1st Dep’t. 1969). Affirmed a lower court decision obtained on motion which had vacated a default judgment and dismissed the complaint.
  • In re Abrams’ Estate, 33 A.D.2d 533, 303 N.Y.S.2d 1002 (1st Dep’t. 1969). Affirmed a decree of the Surrogate’s Court entered on the judicial settlement of an accounting.
  • Antone v. Green Bus Lines, 30 A.D.2d 687, 292 N.Y.S.2d 849 (2nd Dep’t. 1968). In a personal injury action, obtained an affirmance of a lower court ruling requiring the defendant to turn over in pre-trial discovery an accident report.
  • Freedman v. Baron, Rott & Samuels, 31 A.D.2d 610, 295 N.Y.S.2d 874 (1st Dep’t. 1968). Obtained the reversal of a lower court order which had refused to grant summary judgment and granted summary judgment to the defendant.

Admissions

  • State of New York (1963)
  • United States District Court, S.D.N.Y. (1964)
  • United States District Court, E.D.N.Y. (1964)
  • United States Court of Appeals, 2nd Circuit (1983)
  • United States Supreme Court (1971)

Education

  • Columbia Law School (L.L.B.), 1962
  • Cornell University (B.A.), 1955-1957 and
  • Adelphi University, 1957-1959