Westbury, NY
Litigation Lawyer at Westbury, NY
Practice Areas: Litigation, Foreclosure ... +2 more
OUTCOME: 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.
Respondent on borrower's appeal of denial on their post-judgment OTSC. Borrower sought to vacate default, etc., as she was served via publication and she disputed receipt of notices required by statut ... e.
OUTCOME: Appeal dismissed with costs.
Defendant appealed denial of reargument. On behalf of respondent, I moved to dismiss the appeal, and motion was referred to the panel.
OUTCOME: 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).
Defendant appealed denial of summary judgment, alleging lack of standing.
OUTCOME: 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.
Defendant appealed denial of cross-motion to dismiss based on challenge to plaintiff's compliance with a statutory notice that served as a mandatory condition precedent (RPAPL §1304).
OUTCOME: Leave to intervene denied, and court held that proposed intervenor was bound by its predecessor's default in pleading and waiver of standing defense.
Record owner cross-moved to the motion for final judgment, seeking leave to intervene and dismissal based on objection to plaintiff's standing, I represented the plaintiff.
OUTCOME: Appellate Division reversed the trial court, and rejected the defendant's other defenses (not addressed by the trial court).
Trial court dismissed action based on challenge to standing. I perfected the plaintiff's appeal.
OUTCOME: Appellate Division affirmed the motion court, with costs.
Quinn appealed denial of dismissal motion, premised on an objection to service of a mandatory notice during the pendency of a prior action. I represented the respondent.
OUTCOME: Appellate Division reversed the trial court, and awarded summary judgment to the plaintiff.
Trial court denied summary judgment, finding a question of fact. I perfected the appeal on behalf of the plaintiff.
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