Jim’s Recent Successes

Successfully Moved for Summary Judgment on behalf of Real Property Owner Whose Title Was Being Challenged

Obtained summary judgment in favor of a property owner dismissing an action seeking to void the owner’s deed and removing a notice of pendency on the ground that the owner was a good faith purchaser for valuable consideration whose title was protected by New York Real Property Law Section 266, and sanctions against the plaintiff due to the action’s frivolousness. See Malaty v. Malaty, No. 525066/2020, 2021 WL 4812482 (Sup. Ct. N.Y. Cnty. Sep. 20, 2021).

Successfully Protected a Junior Lienholder’s Lien against a Condominium Unit by Challenging the Condominium Board’s Inflated First-Priority Lien

Obtained partial summary judgment on behalf of a junior lien holder in a condominium lien foreclosure action, reducing the amount claimed due and owing by the condominium board under its senior lien.

Successfully Defended Appeal on behalf of Junior Lienholder

Successfully defended against senior lender’s appeal seeking to reverse lower court order denying the senior lender default interest and late charges due to its lengthy delay in foreclosing the subject mortgage, and denying the senior lender various advances and fees due to its failure to substantiate those items

Obtained Dismissal of Federal Action against Title Insurer

Obtained an order dismissing a complaint alleging numerous counts of fraud and violation of federal lending laws

Defeated Judgment Debtor’s Attack of Money Judgment

Defeated judgment debtor’s application to vacate money judgment on various grounds, including insufficient service of process

Obtained Dismissal of Action against Title Insurer

Following summary judgment, obtained the discontinuance of an action against our client (a title insurer), in which the plaintiff (a non-insured) sought indemnification and to quiet title

Successfully Defended against Premises Liability Action

Successfully defended mortgage lender from premises liability claim arising from alleged slip-and-fall that took place at unoccupied property

Obtained Money Judgment for Title Insurance Underwriter

Awarded money judgment in favor of title insurance underwriter against individual, arising from misconduct in connection with real estate sale

Negotiated Favorable Settlement for Lender

Negotiated favorable settlement for mortgage lender in action by prior real estate owner seeking to invalidate the mortgage

Represented Individual Mortgage Holder in Lien Priority Dispute

Successfully represented an individual mortgage holder against an institutional lender, obtaining a buyout for the full indebtedness owed under the disputed mortgage plus attorneys’ fees expended

Obtained Settlement from Law Firm and Its Malpractice Carrier

Obtained favorable mediation settlement from law firm accused of legal malpractice and law firm’s malpractice insurance carrier, resulting in a settlement amount that exceeded the client’s out-of-pocket loss and included additional sums for pre-judgment interest

Represented Title Insurance Underwriter in Action against Limited Agent

Successfully represented title insurance underwriter in action against its limited agent alleging breach of contract, breach of fiduciary duty, and negligence, obtaining a settlement from agent and its errors and omissions carrier equaling 100% of the loss suffered by the client underwriter

Successfully Represented Escrow Holder in Multi-Party Dispute

Successfully represented escrow holder in complex multi-party international dispute over $3 million escrow, obtaining favorable settlement permitting escrowee to deduct its attorneys’ fees from escrow deposit

Negotiated Favorable Settlement for Title Insurance Underwriter Resolving Coverage Dispute Action

Obtained favorable settlement on behalf of title insurer in coverage action arising from easement dispute between owners of adjoining commercial properties

Defeated Action against Title Insurance Underwriter Alleging Breach of Contract, Bad Faith, and Deceptive Business Practices

Awarded dismissal on the merits of action by cooperative corporation policyholder alleging breach of policy, bad faith, and deceptive business practices against title insurer on the ground that insurer properly denied insured’s excluded claim


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