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Defeated Purchaser’s Action Seeking to Avoid a Lender’s Mortgage Lien
(September 2022) Jim Truitt and Amy Abbandondelo successfully moved for summary judgment on behalf of a lender, resulting in the dismissal of the purchaser’s action against the lender. The purchaser sought to set aside the lender’s mortgage on various grounds, including that the mortgage reflected the wrong tax block and lot on its face. The […]
- Posted on: Sep 13 2022
Successfully Negotiated with Judgment Debtor to Pay Commissions towards Amounts Owed Under Money Judgment
(August 2022) Tom Sherwood and Robyn Fearon obtained a favorable settlement for a judgment creditor requiring a judgment debtor to pay a percentage of his real estate brokerage commissions on an ongoing basis until the money judgment is satisfied.
- Posted on: Aug 28 2022
Successfully Recovered Possession and Unpaid Rent in Holdover Proceeding
(August 2022) Robyn Fearon commenced a holdover proceeding and recovered possession and all rent owed to her landlord client through the date of the landlord’s re-possession.
- Posted on: Aug 27 2022
Obtained Summary Judgment Dismissing Insured’s Direct Action against Title Insurance Underwriter
(August 2022) Jim Truitt and Robyn Fearon obtained summary judgment dismissing Insured’s direct action against title insurance underwriter alleging breach of contract, fraudulent misrepresentation, negligent misrepresentation, and conspiracy to defraud. In dismissing the action in its entirety, the court agreed that the terms of the policy specifically excluded coverage under the facts of the case.
- Posted on: Aug 23 2022
Obtained Court Order Requiring Judgment Debtor to Make Monthly Installment Payments
(August 2022) Jim Truitt and Robyn Fearon obtained a court order under CPLR Sections 5225 and 5226 requiring a judgment debtor to make monthly installment payments to their client and to deposit over $100,000 back into a designated account for potential collection by our client.
- Posted on: Aug 20 2022
Appellate Division, Second Department Reversed Lower Court’s Erroneous Denial of a Motion to Amend Complaint
(August 2022) Jim Truitt and Robyn Fearon persuaded the Appellate Division, Second Department to reverse the lower court’s denial of a motion to amend a complaint to convert a foreclosure action to an action to collect on a promissory note.
- Posted on: Aug 8 2022
Obtained a Money Judgment in Favor of Client after Debtor Defaulted on Settlement Terms Reached in a Bankruptcy Adversary Proceeding
(July 2021) Jim Truitt and Robyn Fearon obtained a money judgment in favor of their client arising from a debtor’s default under settlement terms reached in an adversary proceeding within a federal bankruptcy action.
- Posted on: Jul 12 2022
Obtained a Money Judgment in Favor of Client Who Was Owed Money Under a Stock Purchase Agreement
(June 2022) In defending an action by a former business partner alleging fraud, Robyn Fearon obtained a money judgment in favor of her client on his counterclaims, and then negotiated a favorable settlement in which the complaint for fraud was dismissed and her client recovered sums due under a stock purchase agreement.
- Posted on: Jun 6 2022
Successfully Evicted Commercial Tenant and Collected Related Money Judgment
(February 2022) Robyn Fearon successfully evicted on behalf of her landlord client a commercial tenant for non-payment of rent and then collected the full amount due from the tenant on the related money judgment.
- Posted on: Feb 12 2022
Obtained Favorable Settlement for Homeowners’ Association Facing Putative Class Action
(January 2022) In a homeowner’s proposed class action against a homeowners’ association concerning numerous homeowners’ alleged easement rights over certain homeowners’ association property, following Tom Sherwood’s and Jenna Gallagher’s submission of opposition to the plaintiff’s motion for class certification, Tom Sherwood and Jenna Gallagher obtained a favorable settlement on behalf of the homeowners’ association.
- Posted on: Jan 24 2022