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
Queens Org., LLC v. First Am. Title Ins. Co., 172 A.D.3d 932 (2d Dep’t 2019).
Successfully defended against insured’s appeal of lower court order, which granted the title insurer’s motion for summary judgment and dismissed the insured’s complaint seeking to recover attorneys’ fees incurred in underlying quiet title action
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
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
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
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
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
In re Prospect Heights Hous. Dev. Fund Corp., 91 A.D.3d 956 (2d Dep’t 2012).
Successfully defended against appeal upholding the sale of an apartment building against attack alleging fraud and other misconduct
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
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
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
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
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
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
We invite you to contact us for more information or to schedule a consultation.