201412.12
0

SECOND CIRCUIT COURT OF APPEALS AFFIRMS DISMISSAL OF FRAUD CLAIMS AGAINST NATIONAL BANK

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…

201412.12
0

MOTION TO DISMISS GRANTED IN REAL PROPERTY ACTION AGAINST MUNICIPALITY

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…

201412.12
0

FRAUDULENT MORTGAGE CLOSING ALLEGATIONS DISMISSED AGAINST NATIONAL BANK

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…

201412.12
0

BANK GRANTED SUMMARY JUDGMENT DECLARING IT A BONA FIDE ENCUMBRANCER FOR VALUE AND DISMISSING SELLER’S FRAUD AND OTHER CAUSES OF ACTION ARISING FROM STRAW BUYER TRANSACTION

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…

201412.03
0

DISABILITY DISCRIMINATION CLAIM DISMISSED AGAINST A NATIONAL RETAILER

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…

201412.03
0

SUMMARY JUDGMENT GRANTED IN PREMISES LIABILITY CASE

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…