Decisions of Interest Involving the Attorneys of Stagg, Terenzi, Confusione & Wabnik
Most recently, STCW successfully negotiated a consumer law issue on a pro bono basis for a military service member. The prompt resolution resulted in the full reimbursement of the service member's costs and expenses associated with the transaction.
Firm Receives Defense Verdict in Negligence Case
May 8, 2018
On April 30, 2018, Thomas Stagg of Stagg, Terenzi, Confusione & Wabnik, LLP obtained a defense verdict on behalf of the firm's longtime client, the owner of a New Jersey mall. Associate Michael Dombrowski worked the case up for trial. The case arose out of trip and fall over a pothole in the parking lot at the mall. The plaintiff claimed to have sustained injuries that include a fracture of a metatarsal bone in her left foot and a torn meniscus and a popliteal cyst in her right knee. She asserted that the accident was caused by the mall's failure to maintain the parking lot in a safe condition and sought an award for pain and suffering from the accident, as well as for the resulting medical expenses.
The mall argued at trial that: (1) it did not create or have actual and/or constructive notice of the pothole at the time the accident, which is necessary to impute liability to the mall; (2) that plaintiff was contributorily negligent and responsible for her fall because she failed to observe an open and obvious condition, which the mall did not have a duty to warn; and (3) that plaintiff's meniscus tear of the right knee is not causally related to this accident.
The pretrial demand was seven figures. The jury returned a defense verdict after approximately one hour of deliberation.
Stagg Terenzi Confusione & Wabnik, counsel for the defendant County of Suffolk in an action arising out of a Suffolk County bus accident successfully moved for summary judgment dismissing the personal injury claims of plaintiff who allegedly sustained a tear in the right knee requiring surgery by establishing that the injury pre-dated the accident and all of plaintiff's alleged injuries had fully resolved.
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Court dismisses check payee's Claims against bank because payee endorsed check to another individual.
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Broad v. New York City Bd./Dept. of Educ. - STCW Obtains Order Reinstating Terminated Tenured NYC Teacher. (PDF Attached Matter of Broad v New York City Bd./Dept. of Educ.)
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Emigrant Bank v. Wiseman - The Appellate Division, Second Department, reversed the lower court's decision, finding that STCW's client was entitled to summary judgment in a foreclosure action and the defendants had no excuse for their default. (PDF Attached Emigrant Bank v O. Carl Wiseman)
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Emigrant Funding Corp. v. Agard - The Appellate Division, Second Department, affirmed the lower court's determination that STCW's client was entitled to summary judgment in a foreclosure action based upon submission of the mortgage, unpaid note, and evidence of default, and where the lender was not obligated to provide notice of default under the loan documents. (PDF attached Emigrant Funding Corp. v. Agard) - Read More
Rafael A. Lanfranco vs. Chase Bank - STCW obtains dismissal of complaint against bank with prejudice in Eastern District of New York based upon plaintiff's lack of standing on a corporate account and lack of a fiduciary relationship between plaintiff and the bank. - Read More
Following a FINRA arbitration hearing in Newark, New Jersey against an investment client and individual employees, a FINRA panel of three arbitrators denied in their entirety all of the claims asserted by claimant, which included claims of breach of contract, breach of fiduciary duty, unsuitability, misrepresentation, omission of facts, negligence, churning, manipulations, unauthorized trading, consumer fraud, and which sought recovery of compensatory damages, attorneys' fees and punitive damages.
EMC v. Commonwealth land Title Insurance Co. - The Appellate Division, First Department, affirmed trial court's decision granting summary judgment in favor of our Bank client on title insurance claim upon determination that policy holder timely gave the requisite notice of claim under the title policy and thus refuted title company's late notice defense. The court found that policy holder was entitled to indemnification and payment of its claim pursuant to the underlying title insurance policy. - Read More
STCW obtains summary judgment dismissal of former employee's labor law and breach of contract claims against international packaging corporation.
STCW defeats international fragrance and cosmetic company's attempt to obtain preliminary injunction enforcing a non-compete agreement against its former salesman.
STCW obtains summary judgment for bank arising out of alleged credit card fraud. - Read More
STCW obtains summary judgment for bank in action arising out of purchase at Manhasset's Miracle Mile. - Read More
The Appellate Division, Second Department, affirmed the lower court's decision denying defendants' motion to extend their time to answer, finding, among other things, that defendants' participation in residential foreclosure settlement conferences was not a reasonable excuse for their default. - Read More
The Appellate Division, Second Department upheld the Supreme Court's determination in this foreclosure action that the subject loan did not satisfy the statutory criteria of a "home loan", and therefore that the statutory pleading and notice requirements, and the disclosure requirements of the Truth In Lending Act, did not apply. - Read More
STCW successfully opposes defendant's application to vacate the judgment of foreclosure and sale, the court finding that defendant failed to provide a reasonable excuse for his default or a meritorious defense. - Read More
STCW obtains dismissal of garbage hauler's suit against Town alleging quasi-contract claims arising out of Town's decision to award garbage hauling contract to competing contractor. - Read More
STCW obtains summary judgment returning monies stolen, separation payment and salary paid to defalcating employee. - Read More
The Appellate Division, Second Department, upheld the Supreme Court's dismissal of plaintiff's action, which sought to vacate a non-judicial foreclosure sale of shares in a cooperative apartment. The orders denying joinder of the new owner of the shares to the Supreme Court action, and consolidating the Supreme Court action with the eviction matter, were also upheld. - Read More
Defendants appealed the order granting Plaintiff summary judgment, arguing that the timeframe enumerated in the legislation permitting the City of Amsterdam to sell its tax liens through the end of December 2010 dictated the timing upon which Plaintiff had to commence its action. The Appellate Court, Third Department affirmed, adopting Plaintiff's argument that the legislation unambiguously created a right on the part of the City of Amsterdam to enter into contracts to sell tax liens and nothing in the plain meaning of the language affected the rights of lien purchasers to commence foreclosure proceedings on their acquired liens or limited the time periods during which were are entitled to do so.
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The Nassau County District denied respondent's motion to dismiss, finding that petitioner established its right to possession of the subject property obtained by way of a tax lien sale and subsequent tax deed issued to petitioner's predecessor. The court found that the repeal of Article 14 of the Real Property Tax Law did not prevent enforcement of the tax sale and deed, as the taxing municipality properly adopted a local law allowing them to continue to enforce tax liens pursuant to the repealed statute. - Read More
New York Supreme Court dismisses complaint, holding that Uniform Commercial Code 3-405 shifts the burden of loss away from the depository and drawee banks, and onto the plaintiff for plaintiff's employee's act of forging endorsement on checks and misappropriating the funds. - Read More
The Appellate Division, Second Department, reverses trial court's denial of the bank's motion to dismiss and dismisses the action, finding that the plaintiffs failed to state a cause of action for negligent misrepresentation and for breach of the covenant of good faith and fair dealing where the parties' relationship was governed by a revolving credit agreement. - Read More
U.S. District Court in New Jersey affirms Bankruptcy Court's denial of debtors' motion to reopen their case to seek return of funds collected by the bank, finding that pre-petition entry of a turnover order in a state court action divested the debtors of their interest in the subject funds and prevented those funds from becoming property of the bankruptcy estate. - Read More
Bank Prevails in Appellate Division ruling confirming dismissal of complaint involving forged cashier's check - Read More
New York Supreme Court denies adversary's motion to reargue and renew previously denied motion to vacate $24 million confession of judgment, finding adversary's claims to be the same core theories and assertions presented on prior motion. - Read More
New York Supreme Court dismisses complaint, holding that bank did not owe a duty to the beneficiary of a Uniform Transfer to Minor Act account and that the UTMA shielded the bank from liability related to alleged fraudulent acts of the minor's custodian. - Read More
New York Supreme Court denies adversary's motion to vacate $24 million confession of judgment, finding adversary's failure to deliver collateral aircraft to plaintiff was clear violation of the explicit terms of the settlement agreement between the parties - Read More
New York Supreme Court dismisses claim of mortgage rescue fraud asserted against client bank, finding that adversary was estopped from challenging mortgage and thus avoiding the expense of a lengthy trial - Read More
Second Circuit Affirms Dismissal of Case Against Bank, Holding District Court Properly Borrowed New York's Statute of Limitations When Finding That Plaintiff's Claim Was Time-Barred (2012) - Read More
New York Supreme Court Dismisses Claims Against Payor Bank Arising From Dishonor of Counterfeit Cashier's Check, Holding that Payor Bank Owed No Duty to Non-Customer. Rather, Plaintiff's Lack of Due Diligence And Failure to "Know Its Client" Was Sole Cause of Damages (2011) - Read More
Court Awards Bank Summary Judgment Because Plaintiff Was Not Damaged and Failed to State Causes of Action for Negligence, Fraud, and Breach of Fiduciary Duty, New York Supreme Court, Nassau County (2011) - Read More
Third Circuit Affirms Dismissal of Case Against Credit Card Company For Failure to State a Valid Cause of Action and Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2011) - Read More
New Jersey Federal District Court Dismisses Case Against Credit Card Company Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2010) - Read More
New York Law Journal Selects as February 17, 2011 "Decision of Interest" - Shareholders' Derivative Claim For Breach Of Contract Is Dismissed, Supreme Court, New York County (2011) - Read More
New Jersey Bankruptcy Court holds that a secured creditor's post-petition receipt of funds pursuant to a pre-petition turnover order did not violate the automatic stay. Upon the entry of a turnover order, a debtor is divested of any interest in levied property and such property is not part of the bankruptcy estate (2011) - Read More
Federal Court Dismisses Exempt Income Protection Act Claim As Statute Went Into Effect After Alleged Wrongdoing and Finds That Statute of Limitations Expired on Remaining Claims Against Bank (2010) - Read More
New York Federal Court Awards Bank of America Summary Judgment Dismissing Wrongful Foreclosure and Breach of Contract Claims (2010) - Read More
New Jersey Federal Court Upholds "Bill Stuffer" Amendment to Credit Card Agreement and Grants Summary Judgment Confirming Arbitration Award (2010) - Read More
New Jersey Federal District Court Dismisses Case Against Bank Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2010) - Read More
Summary Judgment Obtained Apportioning Lien Imposed Against Mortgaged Property (2009) - Read More
New York State Appellate Court Rules that Bank Did Not Waive Its Right To Arbitrate, Appellate Division, Second Department, New York (2009) - Read More
Court Agrees with Bank's Interpretation of Deed and Awards Summary Judgment, New York State Supreme Court, Nassau County (2009) - Read More
Summary Judgment Granted Dismissing Breach of Contract Action Against Home Depot, Civil Court of the City of New York (2009) - Read More
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New York Law Journal Selects as March 16, 2009 "Decision of Interest" - Surrogate's Court Dismisses Time-Barred Claims Against JPMorgan Chase Bank, New York State Surrogate's Court, Kings County (2009) Case cited in American Law Report 2d at 50 A.L.R.2d 1115 - Read More
Court Approves of Arbitration Award on Behalf of Credit Card Issuer Granting $5,600 in Attorney's Fees and Defeats Cardholder's Motion to Vacate or Modify Arbitration Award, Supreme Court, New York County (2008) - Read More
Northern District Dismisses TILA Complaint, Allows Amendment to Answer to Assert Counterclaim and Grants Judgment on the Counterclaim (2008) - Read More
Dismissal Obtained of Connecticut State Case and Confirmation of Arbitration Award (2008) - Read More
Connecticut State Court Holds that the Issuance of Gift Cards by a National Bank is Regulated by the National Bank Act and thus Dismisses Connecticut Unfair Trade Practices Act ("CUTPA") as Preempted, Superior Court, Judicial District of Hartford (2008) - Read More
Judgment Obtained Dismissing Complaint Containing State Law and FCRA Claims, and Denying Plaintiff's Motion to Amend Complaint Supreme Court, Suffolk County (2007) - Read More
Federal Court Dismisses Investment Advisors Act, NY General Business Law, Breach of Fiduciary Duty and Negligence Claims Against Bank of America Based on Statute of Limitations and Martin Act - Read More
Federal Court Declares That Netbank is Holder in Due Course of Multiple Notes and Mortgages Under the U.C.C. (2007) - Read More
Federal Court Dismissed Truth in Lending Act Claims Against Credit Card Issuer As Untimely (2006) - Read More
Court Dismisses Claims Against Bank of America Pursuant to UCC Article 4-A, New York State Supreme Court, New York County (2006) - Read More
Reversal Obtained of Award of Contempt Against Bank for Failure to Restrain Account, Appellate Division, Second Department, New York (2006) - Read More
Following Trial, Appellate Court Upholds Judgment for Credit Card Company, Appellate Term, First Department, New York (2006) - Read More
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Court Dismisses fraud Claim against Bank, resulting in dismissal of all claims, New York State Supreme Court, Bronx County (2006) - Read More
Appellate Court Reverses Trial Court's Class Certification, Appellate Division, Second Department, New York (2005) - Read More
Court Dismisses Racial Discrimination Claim Against Bank, United States District Court, Southern District of New York (2005) - Read More
Court Awards Bank Its Attorney's Fees On Motion, United States District Court, Southern District of New York (2004) - Read More
Court Grants Motion To Compel Arbitration Pursuant To Credit Card Arbitration Amendment, United States District Court, Southern District of New York (2004) - Read More
Appellate Division Affirms Award of Summary Judgment Dismissing Contribution Claims (2001) - Read More
Town Did Not Meet Its Obligations Under State Environmental Quality Review Act, Supreme Court Appellate Division, Second Department, New York (2000) - Read More
Appellate Division Reverses Summary Judgment Against Landlord and Dismisses Complaint (2000) - Read More
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Federal Court Grants Pre-Answer Motion to Dismiss RICO and Fraud Complaint Against Bank and its Employees (1996) - Read More