We are excited to share two recent decisions on cases handled by Friedman Vartolo, LLP. In the first case, Christiana Trust, a Division of Wilmington Savings Fund Society, FSB as trustee v. Anthony Corbin, et al, Kings County Supreme Index 504869/2014 entered 6/11/2020, Hon. Noach Dear granted plaintiff’s motion to re-argue, reversed the prior decision that found the action was time barred, and denied defendant’s motion to dismiss and amend. The defendant’s answer failed to include a statute of limitations defense despite the complaint referencing the prior action. In fact, defendant’s reply failed to address Plaintiff’s argument that the statute of limitations was waived. The Court found that defendant waited several months after the argument that Statute of limitations was waived to seek to amend their answer and did not address same in their opposition. Further, the defendant, a non-borrower cannot bring notice defenses. Great work by Oran Schwager, Esq. of our firm!
The second case, Ronen, LLC vs. Bais Hamedrash Ateres Chaim Hanipoly, et al, Kings Supreme Index 510107/2019 entered 6/11/2020, Hon. Noach Dear granted Plaintiff’s motion for summary judgment and denied defendant’s cross motion to dismiss and discharge mortgage. The Court found that the clock for 205(a) (savings statute) does not begin until the dismissal is final including the time to appeal or re-argue is expired. Herein, notice of entry was not filed on the dismissal orders. Great work by Zachary Gold, Esq. of our firm! For more information on these decisions please contact Director of Operations, Deborah Gallo, Esq. at [email protected]