$42 Million Commercial Foreclosure Settled
Negotiated settlement of contested foreclosure action involving a $42 million commercial mortgage. Personal guarantors released from liability and the borrower received a $1.5 million settlement.
Proven Results
A selection of recent matters across foreclosure defense, regulatory enforcement, commercial disputes, and post-judgment matters in New York and New Jersey.
Foreclosure & Real Estate
Negotiated settlement of contested foreclosure action involving a $42 million commercial mortgage. Personal guarantors released from liability and the borrower received a $1.5 million settlement.
Moved for reargument of a summary judgment and obtained dismissal of a foreclosure action involving a family property held over 40 years. Demonstrated lender lacked standing; court agreed and dismissed.
Defeated landlord’s summary judgment motion against tenants who vacated during COVID-19, successfully arguing factual issues regarding lease interpretation and constructive eviction.
Loan & Guaranty Defense
Negotiated settlement of a deficiency judgment against personal guarantors of a mortgage from $1.8 million down to $400,000, with payment over time.
Defeated summary judgment motion by a landlord seeking unpaid rent against personal guarantors of a commercial lease, where the landlord had defaulted on its mortgage and lacked standing.
Post-Judgment Defense
Defeated a creditor’s petition seeking authorization to force the sale of a marital home held as tenants by the entirety. Court denied the petition after creditor failed to plead required elements.
Defended a petition seeking turnover of a debtor’s coop shares and successfully argued that an evidentiary hearing on application of the homestead exemption was required.
Defeated a creditor’s motion to appoint a receiver over the post-judgment enforcement process.
Moved to dismiss fraudulent conveyance claims against a debtor, allowing him to keep his $3 million home, after the creditor cited the incorrect statute.
Moved to dismiss a fraudulent conveyance claim against a debtor because it was anticipatory, not ripe, and the creditor therefore lacked standing.
Regulatory & Enforcement
Successfully defended an online light bulb vendor against a potential $1 million monetary penalty in an enforcement proceeding by the U.S. Department of Energy. Action dismissed without any penalty imposed.
Commercial & Business Disputes
Moved to dismiss claims brought by a minority member alleging improper dilution under a management agreement. Court dismissed all claims against the managing members’ principals, co-minority members, and all non-signatories.
Successfully defended a company’s principal against fraud allegations at trial, resulting in no liability against the individual.
“Every dispute is different.
Every outcome is earned.”