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…