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Austin Thomas Shufelt
About Austin
Biography
I believe one of my greatest strengths in practicing law is my ability to take a legal problem or issue, hold it upside down, and shake it violently until something useful falls out. I enjoy tackling the complex, complicated, and uncertain. Often, I approach litigation as a chess match, where I must think beyond the immediate motion or argument at hand, to better ensure that the tactics chosen will best align with sound-strategy, and, ultimately, my client's goals.
Practice Areas
4
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in New York for 14 years
State: New York
Acquired: 2011
No misconduct found
Location
RAS Boriskin, LLC
900 Merchants Concourse, Westbury, NY, 11590
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Austin Thomas Shufelt's Reviews
Avvo Review Score
1 Client Review
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Posted by Victoria | March 28, 2023 | Hired Attorney | Foreclosure
Simply Great!
Austin is a very knowledgeable, down-to-earth, and extremely friendly attorney who will give utmost care and attention to your legal matter. I retained him in my foreclosure case and could not be happier with his performance, professionalism, and positive attitude.
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Thomas Weiss
Real estate lawyer
Experience
Work Experience
2015 - Present
Litigation Attorney, RAS Boriskin, LLC
2012 - 2015
Litigation Attorney, Shapiro, DiCaro & Barak, LLC
Sample of Legal Cases
PHH v Muricy
Affirmed, with costs. Court held that borrower's conduct provided an inference that she deliberately avoided notice of action, and that she her challenge to the mandatory notice did not demonstrate a meritorious defense.
Arch Bay Holdings, LLC-Series 2010C v Daisy
Appeal dismissed with costs.
Bank of N.Y. Mellon v Green
Appellate Division affirmed, with costs, holding that it was the defendant's burden to prove his defense, not plaintiff's to disprove. This is the first NY appellate decision on standing that only referencing the note (no mention of the mortgage).
PHH v Celestin
Appellate Division affirmed the motion court, and for the first time held that, following a default in pleading, a defendant was "precluded" from raising the statutory notice as defense, absent a reasonable excuse for the default.
HSBC Bank USA v Martin-Lloyd
Leave to intervene denied, and court held that proposed intervenor was bound by its predecessor's default in pleading and waiver of standing defense.
PHH v Israel
Appellate Division reversed the trial court, and rejected the defendant's other defenses (not addressed by the trial court).
Deutsche Bank Natl. Trust Co. v Quinn
Appellate Division affirmed the motion court, with costs.
PHH v Davis
Appellate Division reversed the trial court, and awarded summary judgment to the plaintiff.
Education
2010
Albany Law School
JD - Juris Doctor
Languages
English
Activity
Legal Answers
Legal Answers
Q&A
How can a lost cemetery plot deed be located if you don't remember where you purchased it do to old age?
28 May 2016
Q&A
Does 20 day period in notice to admit include weekends?
27 May 2016