Reported Cases

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 order’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 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

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