Jim’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
Celestin v. Simpson, 153 A.D.3d 656 (2d Dep’t 2017).
Obtained reversal of trial court and granting of insurer’s motion to dismiss fraud claims on statute of limitations grounds
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
In re Cunningham, 506 B.R. 334 (E.D.N.Y. 2014).
Obtained retroactive lifting of automatic stay, validating a lender’s foreclosure sale where the borrower failed to provide notice of her bankruptcy filing
IndyMac Bank, F.S.B. v. Vincoli, 105 A.D.3d 704 (2d Dep’t 2013).
Prevailed on appeal seeking reinstatement of mortgage lender’s judgment of foreclosure and sale
Stewart Title Ins. Co. v. Timoney, 31 Misc. 3d 1239(A) (Sup. Ct. Nassau Cnty. 2011).
Obtained a money judgment for insurer against limited agent and business owner on claims for breach of agency agreement and conversion of trust funds
Stewart Title Ins. Co. v. Liberty Title Agency, LLC, 83 A.D.3d 532 (1st Dep’t 2011).
Obtained appellate order reversing trial court and reinstating insurer’s claims for fraud and defalcation against part owner of title agency
DeRosa v. DeRosa, 58 A.D.3d 794 (2d Dep’t 2009), lv. appeal denied, 12 N.Y.3d 710 (2009).
Obtained appellate order affirming the trial court’s dismissal of partition action and finding that defendant acquired joint owner’s interest through adverse possession
Trahan v. Galea, 48 A.D.3d 791 (2d Dep’t 2008).
Successfully defended against real property co-owner’s appeal from lower court order denying the appellant’s summary judgment motion for partition
Cornett v. NBC Weather Plus, LLC, 18 Misc. 3d 1114(A) (Sup. Ct. Nassau Cnty. 2008).
Awarded summary judgment for former employee on claims for breach of employment contract and wrongful termination
LaSalle Bank Nat’l Ass’n v. Ally, 39 A.D.3d 597 (2d Dep’t 2007).
Obtained modification of trial court order and granting of equitable mortgage in favor of defrauded lender
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