The Firm successfully defended a motor vehicle finance company against a class action complaint alleging that the finance company and automobile dealership colluded to defraud the consumer into paying excess “wear and tear” fees for damage to the leased vehicle at the end term. We opposed plaintiffs’ motion to certify the class arguing, among other…

Plaintiff commenced an action against M&T Bank arguing that a state court judgment of foreclosure should be invalidated because it was obtained by fraudulent means. We moved to dismiss the action for, among other things, want of jurisdiction. The District Court granted the motion. In affirming the dismissal, the Second Circuit Court of Appeals credited…

Plaintiff, a commercial property owner, commenced an action against a Long Island village, arguing that the village’s lien on the plaintiff’s property was extinguished in accordance with the agreement that created it. We moved to dismiss on the village’s behalf, arguing that plaintiff failed to fulfill a condition precedent by failing to serve a Notice…

Following a judgment of foreclosure and sale in New York Supreme Court and the subsequent sale of the subject property, the borrower attempted to collaterally attack the foreclosure sale by commencing a separate action in the United States District Court alleging violations of various consumer-based federal and New York state statutes, as well as common…

Plaintiff, a mortgagor in default, commenced an action in federal court against his mortgagee bank alleging violations of various consumer-protection statutes, state statutes, and common law claims arising from the mortgage closing. In moving to dismiss, we argued that plaintiff failed to plead fraud with the requisite particularity, that the complaint failed to state a…

A mortgagee/assignor agreed to assign a mortgage to our Bank client, but failed or refused to deliver the original assignment for recording purposes. On behalf of the Bank, we commenced an action against the assignor. We moved by order to show cause seeking a declaratory judgment that the Bank was the owner of the mortgage…

Plaintiffs/sellers, who were knowing participants in a mortgage rescue scam, commenced an action against the straw buyer, the straw buyer’s mortgage broker, the Bank, and others seeking rescission of the mortgage agreement, compensatory damages, and punitive damages. We moved for summary judgment on behalf of the mortgagee Bank, arguing that the sellers knowingly participated in…

Two disabled sisters requested a Flu Shot at the pharmacy of a large national retail store. They alleged that the Pharmacist refused to administer the Flu Shot because they were confined to wheelchairs. A hearing was held by the NYS Division of Human Rights. At the hearing we argued that because the complainants were confined…

Plaintiff sued our client, a large national retailer. She claimed she slipped on fruit near the registers at our client’s store. We moved for summary judgment on the ground that plaintiff could not establish notice, arguing that the plaintiffs’ observations about the condition of the spill were insufficient to raise an issue of fact regarding…