Adam Leitman Bailey, P.C. Defeats Dismissal Motion In Problematic Foreclosure Action

Adam Leitman Bailey, P.C. Defeats Dismissal Motion In Problematic Foreclosure Action

Adam Leitman Bailey

Adam Leitman Bailey

January 17, 2023 02:48 PM

Adam Leitman Bailey, P.C. was retained by a Lender to take over a disastrous 7-year-old foreclosure action that was already plagued with an order tolling interest to the detriment of the Lender for prior delays in the action.

Defendants moved to dismiss the action pursuant to CPLR § 3215(c) for the Lender failing to take a default within a year, and also sought additional tolling of interest. Defendants, a married couple, strategically appeared in the action to facilitate the CPLR § 3215(c) motion. Despite being married, only the husband initially appeared in the action. Litigation ensued, and so prior counsel to Lender did not move to default the wife within one year, as is required. Defendants argued that not only should the action be dismissed, but that all interest should continue to be tolled.

In opposition to the motion, Adam Leitman Bailey, P.C. argued that the wife was neither a party to any of the loan documents nor was she an owner on the deed. Adam Leitman Bailey, P.C. argued that it was clearly a litigation tactic to appear for one spouse, and that the parties waived any right to seek dismissal by appearing in the action and participating in prior motion practice. Furthermore, it was evident that the spouses’ interests were and are aligned, and that the spouses were acting in concert.

With regard to the tolling, Adam Leitman Bailey, P.C. argued that any recent delays were attributed to the stays that were issued by the Governor and the Court and that the Lender should not be held responsible for such delays.

The Court adopted Adam Leitman Bailey, P.C. ’s arguments and denied the portion of the motion seeking dismissal as against the Defendants, despite the default not being taken within one year. The Court held that defendants waived any rights under CPLR § 3215(c) by participating in the action. The Court also ruled in favor of the Lender by not imposing additional tolls on interest on the Loan.

Jackie Halpern Weinstein, Esq., and Danny Ramrattan, Esq. of the Foreclosure Litigation Group at Adam Leitman Bailey, P.C. secured this successful result for its client.

Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims

by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023

by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open

by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes

by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?

by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

Announcing The Best Lawyers in Australia™ 2023

by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Famous Songs Unprotected by Copyright Could Mean Royalties for Some

by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2023 The Best Lawyers in Canada Honorees

by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Caffeine Overload and DUI Tests

by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Wage and Overtime Laws for Truck Drivers

by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect

by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller


2022: Another Banner Year

by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office