Oved & Oved LLP Obtains Unanimous First Department Victory
Oved & Oved LLP obtains unanimous Appellate Division, First Department, affirmance of the Firm’s successful dismissal of a New York City mortgage foreclosure action brought by a predatory lender against a commercial real estate developer client of the Firm. The Plaintiff purchased a promissory note while the Firm’s client was in good standing under its loan, and promptly declared a non-monetary default thereunder. Aaron J. Solomon, Esq., a senior partner in the Firm’s Commercial Litigation Practice Group, obtained dismissal of the lender’s action from the New York Supreme Court and then, after lender appealed, conducted oral arguments before the First Department to obtain a universal affirmance of the Supreme Court’s dismissal of the predatory lender’s action. The Appellate Division’s decision constitutes a significant defeat of Plaintiff’s position and confirmed our Firm’s argument that the merits of the foreclosure claim should not have been heard, and declined to address the Plaintiff’s claim.