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…