Benjamin P. Argyle

Representative Matters

Litigation Matters

• Prosecuted, as lead trial counsel, a multi-party construction arbitration that resulted in a 94% reduction in contractor's claims and an apology to the client from the contractor on the witness stand
• Secured a nearly $30 million judgment on an unpaid promissory note, affirmed on appeal. (International Fin. Grp. v. Hambrecht, 162 N.Y.S.3d 725 (1st Dep't 2022))
• Successfully represented Ideanomics Inc. in obtaining a judgment by confession for $16.3 million after bringing a motion for summary judgment in lieu of complaint on a defaulted promissory note. (Ideanomics, Inc. v. Silk EV Cayman LP, 651668/2022 and 652937/2022 (N.Y. Sup. Ct. Comm. Div. 2022))
• Providing strategic advice to a public company in its securities law proceedings arising out of multi-year proxy contests
• Representing a shipping logistics company in an arbitration with claims regarding a vendor's failed software development
• Defending a major producer of poultry products against putative antitrust class action, opt-out, and attorney general lawsuits in multiple venues, alleging illegal price-fixing conspiracies in the poultry industry
• Obtained dismissal of all claims, and secured sanctions against party bringing them, on behalf of a religious corporation client
• Successfully defended a state agency against breach of contract and tort claims brought by a disaster recovery vendor. (ProSource Technologies, LLC v. Housing Trust Fund Corp., No. 5972-14, 2015 WL 5797028 (N.Y. Sup. Ct. Comm. Div. Oct. 2, 2015))
• Defeated an emergency injunction and secured complete dismissal of the entire action for a prominent equipment rental company in connection with a government bid protest
• Successfully prosecuted and defended against multiple lis pendens and mechanics' lien disputes, and the underlying breach of construction contract claims, for claims ranging from $500 to $30 million
• On behalf of the Archdiocese of New York, won a motion to dismiss contract claims and successfully canceled a notice of pendency (Ace Fire Door Corp. v. Construction Contractors of NY, St. Anthony of Padua Roman Catholic Church, et al., No. 806709/2021 (N.Y. Sup. Ct. Bronx Cnty. Comm. Div. Apr. 5, 2023))
• Part of a cross-office litigation team that represented generic pharmaceutical companies against multidistrict antitrust class action lawsuits alleging price-fixing claims under the Sherman Act
• Outside counsel to religious and cultural not-for-profits in resolving real estate development and construction disputes

Insurance Matters

• Counsels construction industry clients on insurance matters, particularly as to builders' all-risk insurance policies and construction defects (LEG 1/96, 2/96, 3/06, and similar) exclusions
• Devises coverage arguments and claims strategies for clients on business interruption and similar coverages for losses caused by coronavirus
• Provides coverage analyses on the intersection of general liability, builders' all-risk, property and casualty, and professional malpractice insurance portfolios
• Represented a maritime parts manufacturer in a "historical lost policy" insurance archaeology coverage dispute seeking coverage for 60+-year-old asbestos claims

Education

• J.D. magna cum laude Brooklyn Law School 2014
• B.A. Syracuse University 2006

Bar Admissions

• New York

Court Admissions

• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York

• The Best Lawyers in America, Ones to Watch, 2021 – 2023

Pro Bono

• Maintains an active pro bono practice representing asylum applicants fleeing sexual-orientation persecution