Federal Court
Represented institutional lender, obtaining a published decision declaring a mortgagee can recover attorneys' fees incurred in a mortgage foreclosure action when the mortgage instrument so provides.
Represented institutional lender in a contested foreclosure action, successfully arguing that res judicata precluded the introduction of an exhibit purporting to demonstrate that the loan had been accelerated thereby expiring the statute of limitations. Ultimately obtained a judgment of foreclosure and sale.
Successfully defended automotive credit union for alleged violations of the Consumer Leasing Act (CLA) and Truth in Lending Act (TILA).
Successfully defended an auto loan financing entity in a class action brought against inter alia Subaru USA.
Obtained dismissal on behalf of a process-serving entity against various FDCPA claims, arguing the plaintiff did not have an injury in fact sufficient to confer Article III standing under the U.S. Constitution.
Represented major insurance carrier in contested collection of insurance premiums.
Represented yacht freighting conglomerate in the enforcement of a disputed promissory note, ultimately obtaining judgment.
Bankruptcy
Represented a secured creditor, successfully lifting the automatic stay to permit a foreclosure sale to proceed in state court by obtaining an emergency order after oral argument.
Obtained an emergency order in bankruptcy court for a secured creditor to permit a foreclosure sale to proceed in state court.
Represented a secured creditor, in bankruptcy court, recovering the full amount due and owing as part of the proceeds of a $17.5 million bankruptcy section 363 sale by successfully objecting to a plan of reorganization and disclosure statement, after oral argument.
Represented the City of New York with a $1.5 million secured claim, successfully objecting to debtor’s cram-down plan of reorganization, ultimately moving for and obtaining dismissal after oral argument.
Successfully represented a major energy subsidiary in a Chapter 11 preference action.
Represented medical provider as a creditor in Chapter 11 proceedings; obtaining relief from a Chapter 11 plan injunction after oral argument.
Successfully defended a secured creditor from a challenge from the trustee that secured creditor’s untimely proof of claim that was also alleged to be facially invalid. Ultimately, the claim was deemed allowable and secured creditor’s attorneys’ fees and expenses recovered under the bankruptcy code and state law.
State Court
Defended institutional lender from a claim brought by the New York City Department of Buildings for a code violation on the grounds of impossibility following an evidentiary hearing.
Successfully defended institutional lender from allegations that the lender failed to comply with American with Disability Act when originating a mortgage loan.
Recovered damages stemming from a breach of contract claim against a health club.
Obtained judgment in state court for a high-net-worth individual in the enforcement of a $1 million, non-standard secured promissory note.
Emerging Companies
Represent startup company from ABC’s Shark Tank, overseeing venture capital financing, private placement, public offerings, trademarks, commercial transactions, mergers and acquisitions.