Matthew Yogg

Matthew R. Yogg is an attorney for Davidoff Hutcher & Citron’s Commercial Litigation group in their New York City office, where he specializes in:

• Administrative Law
• Bankruptcy Litigation
• Co-op & Condominium Law
• Construction Law
• Employment Discrimination
• Intellectual Property (IP)

Matt also consults and advises on issues concerning antitrust law, IP licensing, healthcare law, commercial real estate, corporate compliance and the control of distribution channels and gray markets. In his practice he represent clients on a wide array of commercial litigation in federal and state courts and arbitrations involving, among other areas of law, intellectual property infringement, construction disputes, bankruptcy adversarial proceedings, insurance coverage disputes and interpleader actions, condominium and cooperative disputes, commercial landlord-tenant disputes, and commercial brokerage disputes. 

Matt also advises, negotiates, and drafts contracts and documents ancillary thereto including, among other documents, intellectual property licenses, cross-branding agreements, joint venture and business enterprise agreements, general contractor and subcontractor agreements, commercial lease agreements, employment and severance agreements, warehouse agreements, and purchase and sale agreements. He advises on corporate compliance, regulatory compliance, state and federal antitrust compliance, and employment law compliance, files, prosecutes, maintains, and advises on hundreds of trademarks registered with the United State Patent and Trademark Office.

REPRESENTATIVE MATTERS & RESULTS

• Marisol Holdings LLC v. Imagine Airport Ventures, LLC, 231 A.D.3d 542, 218 N.Y.S.3d 321 (1st Dept. 2024) Lead counsel on behalf of plaintiff joint venturer in a breach of note action brought against defendant former business partner; secured decision on appeal affirming trial court’s entry of judgment against defendant in the amount of $610,357.55. 

• Daro Metro NYC Inc v. Glenwood Management Corp., et al., Adv. Proc. No. 19-8255 (Bankr. S.D.N.Y.); Daro Metro NYC Inc. v. RCB1 Nominee LLC, et al., Adv. Proc. No. 19-8256 (Bankr. S.D.N.Y.); Daro Metro NYC Inc. v. 685 First Realty Company, LLC, et al., Adv. Proc No. 19-8257 (Bankr. S.D.N.Y.); Daro Metro NYC Inc. v. East Hudson Self Leveling Inc., et al., Adv. Proc No. 19-8258 (Bankr. S.D.N.Y.); East Hudson Level Flooring Systems Inc. v. 685 First Realty Company, LLC, et al., Adv. Proc No.  19−08280 (Bankr. S.D.N.Y.); East Hudson Level Flooring Systems Inc. v. RCB1 Nominee LLC, et al., Adv. Proc No.  19−08296 (Bankr. S.D.N.Y.); and In re E. Hudson Level Flooring Sys. Inc., No. 19-22812 (DSJ), 2024 WL 2855772, (Bankr. S.D.N.Y. June 5, 2024) (summary judgment decision and order) | Lead litigation counsel in six bankruptcy adversarial proceedings for debtor asserting claims against two developers of multimillion-dollar skyscrapers and defending claims asserted by various of its subcontractors; secured decision and order denying one developer’s motion for summary judgment, leading to a favorable multi-party settlement with developer discharging subcontractor claims against the debtor and its principals; secured favorable multi-party settlement with second developer discharging subcontractor claims against the debtor and its principals.

• Grund & Mobil Verwaltungs AG v. Amazon.com, Inc., No. MC23-56RSL, 2023 WL 5533575 (W.D. Wash. Aug. 28, 2023) | Lead counsel on behalf of plaintiffs in action to compel Amazon’s compliance with a subpoena seeking its deposition testimony; secured decision and order granting plaintiff’s motion to compel and denying Amazon’s cross-motion for a protective order.
• Consolvas v. Curd, No. 600196/2022 (N.Y. Sup. Ct. Apr. 11, 2023) | Lead counsel on behalf of the plaintiff in action seeking $1.8 million in unjust enrichment, equitable lien, and constructive trust claims; secured decision and order denying defendant’s motion to dismiss in its entirety, leading to a settlement favorable to the plaintiff.
• Everest Scaffolding, Inc. v. Riconda, No. 650540/2022, 2022 WL 1198702 (N.Y. Sup. Ct. Apr. 18, 2022) | Lead counsel on behalf of the defendant in action for defendant’s alleged breach of eight separate contracts; secured decision and order dismissing with prejudice all claims asserted against defendant.
• Connick v. American Academy McAllister Institute of Funeral Services, Inc., No. 1:21-cv-05222-JMF (S.D.N.Y.) | Lead counsel on behalf of the defendant in action for breach of contract brought by plaintiff contractors seeking over $1.3 million in alleged damages plus substantial attorney’s fees; secured settlement favorable to defendant.
• JAMS Ref. No. 1425032355 (2019-2021) | Lead counsel on behalf of claimant small biotechnology company in three-panelist arbitration involving AM10 law firm and multinational biomedical/pharmaceutical conglomerate; prevailed on a contentious motion to compel leading to a settlement in claimant’s favor valued at over $1.3 million.
• Grund & Mobil Verwaltungs AG, et al. v. Dynamic Fashion Boutique LLC, No. 1:21CV00408, 2021 WL 6198995 (E.D.N.Y.) | Lead counsel on behalf of plaintiffs in trademark infringement action seeking to enjoin defendant’s sale of plaintiffs’ products under the material differences and quality control exceptions to the first sale doctrine; secured settlement favorable to plaintiffs.
• Grassi & Co. v. Honka, 180 A.D.3d 564, 119 N.Y.S.3d 466 (1st Dept. 2020) | Lead counsel on behalf of plaintiff financial services firm in a breach of contract action brought against defendant manager; secured decision on appeal confirming trial court’s denial of defendant’s motion to dismiss restrictive covenant claims.
• Meyer v. Grassi & Co., CPAs, P.C., JAMS Case No. 1425023834 (Oct. 17, 2019); and Grassi & Co., CPAs, P.C. v. Meyer, 655465/2018 (N.Y. Sup. Ct. Apr. 30, 2019) | Counsel on behalf of respondent financial services firm in action brought by claimant joint venture partner seeking nearly $700,000.00 in damages plus substantial attorney’s fees; secured award dismissing all claims asserted by claimant and awarding respondent nearly $50,000 on its counterclaim; secured decision and order in New York State Supreme Court granting respondent’s motion to confirm JAMS award and denying claimant’s cross-motion to vacate the award.
• Subway Real Estate Corp. v. Saleem, No. 652759/2017, 2019 WL 1359769 (N.Y. Sup. Ct. Mar. 26, 2019), modified in part, 187 A.D.3d 495, 130 N.Y.S.3d 293 (1st Dept. 2020); and Subway Real Estate Corp. v. Saleem, No. 652759/2017, 2019 WL 3451789 (N.Y. Sup. Ct. July 30, 2019) | Lead counsel on behalf of defendant franchisee in breach of contract action brought by national fast-food chain; secured decision and order dismissing in part plaintiff’s first cause of action; secured decision on appeal modifying same by dismissing plaintiff’s first cause of action in its entirety; secured decision and order on motion to reargue dismissing plaintiff’s third cause of action in its entirety, leading to settlement favorable to defendant.
• Crowhurst v. Szczucki, No. 16CV182 (JGK), 2019 WL 565811 (S.D.N.Y. Feb. 11, 2019) | Counsel on behalf of defendant estate in negligence action; secured decision and order on motion for summary judgment dismissing all claims against defendant estate.
• Matros Automated Electrical Construction Corp. v. B.R. Fries & Associates, LLC, et al., 505172/2015 (N.Y. Sup. Ct. July 23, 2018) | Lead counsel on behalf of a national big box retailer, its landlord, and surety in multi-million dollar construction dispute against general contractor and 11 of its subcontractors; secured settlement favorable to clients.
• Jalinski Advisory Group, Inc. v. Forte Management, LLC, No. 1:18-cv-00024-PKC (S.D.N.Y.) | Lead counsel on behalf of defendant financial services company in action for trademark infringement; secured settlement favorable to defendant.
• Shah v. Weisman, No. 652222/2012, 2016 WL 7032206 (N.Y. Sup. Ct. Nov. 28, 2016) | Lead counsel on behalf of plaintiffs in action for breach of contract; secured judgment for plaintiffs valued at $15.4 million.
• Andrews v. City of New York, 118 F. Supp. 3d 630 (S.D.N.Y. 2015) | Counsel on behalf of a 6,000-member plaintiff collective that brought claims pursuant to the Equal Pay Act; secured settlement for collective valued at $83.3 million.

AWARDS AND HONORS

DESIGNATIONS

Recognized and rated by Super Lawyers in 2021, 2022