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Reported Decisions of Interest

Travelers Casualty & Surety v. J.D. Elliott & Co., October 25, 2004 New York Law Journal 17, (col.3) (SDNY) (defining scope of expert discovery in accounting malpractice action).

Hawthorne v. Citicorp Data Systems, Inc., 219 F.R.D. 47 (EDNY 2003) (vacating Fair Credit Reporting Act default judgment against our client).

In re Zangara, 217 B.R. 26 (Bankr. EDNY 1998) (Texas arbitration award in favor of our client found to collaterally estop debtor in bankruptcy; award held nondischargeable in bankruptcy).

Danco Laboratories, Ltd. v. Chemical Works of Gedeon Richter, Ltd., 711 N.Y.S.2d 419, 274 A.D.2d 1, 29 Media L. Rep. 1014 (1st Dept. 2000) (upholding claim of our client, manufacturer of RU-486 "morning after" pill, to protection of trade secrets and to confidentiality of names of individuals involved in manufacture and distribution, in opposition to motion to intervene by Washington Post Co.).

Maspeth Federal Savings & Loan Ass'n v. Simon-Erdan, 67 A.D.3d 750, 888 N.Y.S.2d 599 (2d Dept. 2009) (reversing lower court's sua sponte dismissal and reinstating our client's foreclosure action).

NYCTL 1997-1 Trust v. Mehmetaj Realty Corp., 801 N.Y.S.2d 762, 22 A.D.3d 545 (2d Dept. 2005) (upholding title of our client, purchaser at foreclosure sale, against prior owner's motion to vacate judgment of foreclosure and sale).

Scaglione v. Commonwealth Land Title Ins. Co., 757 N.Y.S.2d 84, 303 A.D.2d 671 (2d Dept. 2003) (affirming summary judgment in favor of our client, Commonwealth, dismissing claim by its insureds, who had obtained title to premises by adverse possession, based upon policy exclusion for the rights of the City of New York from mapping of "paper" street).

City Mortgage Banking, Ltd. v. Commonwealth Land Title Ins. Co., 751 N.Y.S.2d 426, 300 A.D.2d 614 (2d Dept. 2002) (affirming summary judgment in favor of our client, Commonwealth, dismissing claim by its insured for late recording of mortgage; plaintiff had failed to establish damages as a result of subordination of its mortgage).

Zion Resurrection Church, Inc. v. Neerg Second Corp., 748 N.Y.S.2d 68, 297 A.D.2d 805 (2d Dept. 2002) (affirming dismissal of action to set aside conveyance, pursuant to Section 12 of New York Religious Corporations Law, for Church's failure to comply with discovery demands).

Sabo v. Evans, 714 N.Y.S.2d 93, 276 A.D.2d 477 (2d Dept. 2000) (affirming dismissal of action to foreclose prior unsatisfied mortgage, in which our client had been named as subsequent mortgagee, where owner-borrowers had made full payment to the attorney for the prior mortgagee but attorney had stolen the payoff; prior mortgagee held to bear risk of his own attorney's defalcation).

Papasmiris v. Katsos, 692 N.Y.S.2d 471, 262 A.D.2d 619 (2d Dept. 1999) (affirming summary judgment in favor of our client, enjoining adjacent landowner from blocking easement).

Teptee Trading, Inc. v. Razak, 712 N.Y.S.2d 733, 184 Misc.2d 811, 43 UCC Rep.Serv.2d 1199 (App. Term 1st Dep't 2000) (reversing summary judgment against our client, Citibank, and in favor of its depositor in action for improper charge-back; issues of fact existed as to whether depositor had breached warranty of presentment against material alteration on item deposited).

In re Schultz, 12 Misc.3d 1187(A), 2006 WL 2089219 (Sur. Ct. Nassau Cty. 2006) (dismissing action against our client, Citibank, for frivolous conduct sanctions, where the alleged frivolous conduct - bank's policy of not opening estate accounts based on preliminary letters testamentary - did not occur within the context of a litigation).

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