800-999-8599 New York Consumer Rights Litigation· Selective Representation· By Application Only
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Selected Matters

New York foreclosure and consumer cases

Representation in specific matters in New York State and Federal courts. Each matter links to a page describing what happened and why.

Matters shown describe representation in specific cases and are not a prediction about any other matter.

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Foreclosure · Appeal

Appellate Reversal · RPAPL 1304

A New York foreclosure summary judgment was unanimously reversed on appeal in the Appellate Division, First Department, where the record did not prove proper mailing of the RPAPL 1304 90-day notice.

Issue
Proof of mailing of the RPAPL 1304 90-day notice
Outcome
Summary judgment unanimously reversed
Prior results do not guarantee a similar outcome.
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Foreclosure · Statute of Limitations

Time-Barred Foreclosure Defense

A New York foreclosure dismissed with prejudice as time-barred, the mortgage canceled, and attorney fees awarded to the homeowners.

Issue
Statute of limitations
Outcome
Dismissed with prejudice, mortgage canceled, attorney fees awarded
Prior results do not guarantee a similar outcome.
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Bankruptcy · Stay Violation

Automatic-Stay Violation

A New York home was sold one day after a Chapter 13 filing, violating the automatic stay. The court found the violation willful and awarded $1,635,000 in compensatory and punitive damages.

Issue
Home sold one day after a Chapter 13 filing
Outcome
Willful violation found; $1,635,000 in compensatory and punitive damages
Prior results do not guarantee a similar outcome.
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