Bonnee Linden v. Brian Moskowitz

 on July 12th, 2012

Claim by unit owner against multiple title underwriters for conspiracy with condominium to omit plaintiff’s notice of pendency from title reports to enable re-sale of other units at inflated values dismissed on motion. Plaintiff failed to state how she was damaged by the alleged conspiracy.

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Astoria Federal Savings & Loan Assoc-Fidelity NY vs. Marilyn Lane

 on July 7th, 2012

Case of first impression where the court refused to hold the defendant’s removal of plaintiff’s foreclosure action to federal court divested the state court of jurisdiction to enter the judgment of foreclosure and sale. Defendant untimely filed a notice of removal immediately prior to the signing of judgment of foreclosure in the state court. The notice of removal was untimely and in bad faith.  The case was remanded back to state court shortly after removal. In the interim and without notice of the removal, the state court signed the judgment of foreclosure. The defendant waited over ten years to seek to vacate the foreclosure sale. The court acknowledged a removal normally divests the lower court of jurisdiction. However, the court refused to vacate the judgment of foreclosure as it would only reward the defendant’s actions.

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112-40 F.L.B. Corp vs. Tycoon Collections, Inc. vs. 112-40 F.L.B. Corp

 on July 7th, 2012

Leave to intervene in quiet title action commenced by grantee of deed in a chain of title originating from a forged deed, granted to grantee of deed  in chain of title originating from valid deed. Intervenor’s deed was not recorded prior to filing of plaintiff’s notice of pendency. The default of intervenor’s predecessor in title did not bar intervention as the intervenor had a substantial interest in the litigation.

Download PDF 112-40 F.L.B. Corp vs. Tycoon Collections, Inc. vs. 112-40 F.L.B. Corp