Amy’s Reported Cases
Bank of New York Mellon v. Graffi, 172 A.D.3d 1148 (2d Dep’t 2019).
Successfully defended against senior lender’s appeal seeking to reverse lower court order denying senior lender default interest and late charges due to its lengthy delay in foreclosing the subject mortgage, and denying senior lender various advances and fees due to its failure to substantiate those items
Desir v. Florida Capital Bank, N.A., 377 F. Supp. 3d 168 (E.D.N.Y. 2019).
Obtained order dismissing non-insured’s complaint against insurer alleging fraud and violation of federal lending laws
Johnson v. Law Office of Schwartz, 145 A.D.3d 608 (1st Dep’t 2016).
Obtained reversal of trial court and granting of insurer’s motion for summary judgment, resulting in the dismissal of action and award of sanctions against the plaintiff for making false statements and pursuing frivolous claims
Stewart Title Ins. Co. v. Wingate, Kearney & Cullen, 134 A.D.3d 924 (2d Dep’t 2015).
Obtained reversal of trial court and reinstatement of legal malpractice complaint alleging failure to raise the statute of limitations in defense of a mortgage foreclosure action
Demetrio v. Stewart Title Ins. Co., 124 A.D.3d 824 (2d Dep’t 2015), lv. appeal dismissed, 25 N.Y.3d 906 (2015).
Obtained reversal of trial court order and granting of insurer’s motion for summary judgment dismissing insured’s breach of policy action, resulting in a novel decision in the title insurance industry permitting insurer to submit extrinsic evidence to resolve a policy ambiguity
Jessabell Realty Corp. v. Gonzalez, 117 A.D.3d 908 (2d Dep’t 2014).
Successfully defended against borrower’s appeal seeking to reverse lower court order granting lender summary judgment in mortgage foreclosure action on the grounds that the mortgage transaction allegedly violated various inapplicable federal regulations
In re Prospect Heights Hous. Dev. Fund Corp., 91 A.D.3d 956 (2d Dep’t 2012).
Successfully defended an appeal upholding the sale of an apartment building against attack alleging fraud and other misconduct
Bank of Am. v. Faracco, 89 A.D.3d 879 (2d Dep’t 2011).
Successfully defended against borrower’s appeal seeking to vacate his default and set aside the lender’s judgment of foreclosure and sale
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