Attorney Samit G Patel's Legal Cases

Appeals

New York Commercial Bank v. J Realty F Rockaway, Ltd.

Jul 31, 2013

OUTCOME: Order denying motion for summary judgment in lieu of complaint and granting cross-motion seeking transfer of venue and consolidation reversed on appeal.

The Appellate Division Second Judicial Department held that Appellant established its prima facie entitlement to judgment as a matter of law by producing the signed loan documents and an affidavit evid ... encing the default thereunder, and that Respondents failed to raise an issue of fact as to whether Appellant complied with NY RPAPL 1301(3) as they never raised that affirmative defense in their opposition and thus waived it. The Appellate Division also held that there was no basis for consolidation of the lower court action with another pending action and that Appellant appropriately placed venue pursuant to a forum selection clause and that Respondents failed to show that the forum selection clause was invalid.

Foreclosure

Bayview Loan Servicing LLC v. Avery Enterprises, Inc.

Mar 08, 2010

OUTCOME: Obtained an order granting summary judgment and dismissing affirmative defenses alleging discrimination in a commercial mortgage foreclosure action.

The defendant in a foreclosure action asserted, inter alia, the affirmative defense that the alleged receipt of Troubled Assets Relief Program funds by a loan servicer violated the Fifth and Fourteenth ... Amendment of the United States Constitution because of the failure of Congress to provide similar relief to defendants in foreclosure. The Supreme Court of the State of New York, County of Kings declined to accept this as a defense to foreclosure since it "would call into question the entire federal structure put in place by the Congress to respond to what defendants described as the 'international economic catastrophe'".

Litigation

Wells Fargo Bank Minnesotta, National Association v. Mastropaolo

N/A

OUTCOME: Order dismissing Complaint reversed on appeal.

The Appellate Division Second Judicial Department held that when a Defendant does not raise the defense of lack of standing in an answer or in a pre-answer motion to dismiss the Complaint, that defense ... is waived pursuant to CPLR 3211(e). Here, the Court held that lack of standing is a defense which is waived where the Defendant raised the standing issue for the first time in an attorney's affirmation submitted in opposition to the Plaintiff's motion for summary judgment.

Debt and lending agreements

Mortgage Electronic Registration Systems, Inc. v. Coakley

N/A

OUTCOME: Order denying motion to dismiss affirmed.

The Appellate Division Second Judicial Department held that Mortgage Electronic Registration Systems, Inc. had standing to commence a mortgage foreclosure action in New York.

Foreclosure

Option One Mortgage Corporation v. Daddi

N/A

OUTCOME: Denial of motion to vacate sale affirmed.

The Appellate Division Second Department held that appellant's conduct, and, among other things, his stipulation of settlement, constituted a waiver of his purported defenses and that under the circums ... tances, vacating the foreclosure sale in this action was not warranted.

Samit G Patel's Legal Cases (5)

New York Commercial Bank v. J Realty F Rockaway, Ltd.

Bayview Loan Servicing LLC v. Avery Enterprises, Inc.

Wells Fargo Bank Minnesotta, National Association v. Mastropaolo

Mortgage Electronic Registration Systems, Inc. v. Coakley

Option One Mortgage Corporation v. Daddi