Tom’s Reported Cases

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 against appeal from lower court order 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

Merrill Lynch Bus. Fin. Servs., Inc. v. Peak Health Club, Inc., 48 A.D.3d 762 (2d Dep’t 2008), lv appeal dismissed, 10 N.Y.3d 911 (2008).

Successfully defended against appeal from a lower court order granting summary judgment in favor of lender and declaring the lender’s mortgage superior in priority to an earlier in time mortgage

St. Luke’s Pentecostal Church v. Stewart Title Ins. Co., 37 A.D.3d 702 (2d Dep’t 2007).

Successfully defended against insured’s appeal from trial court order granting the insurer’s summary judgment motion and dismissing the insured’s breach of policy claim where the insured’s claim fell within an exclusion from coverage

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