Adam Levy

In re Swift

Chief Bankruptcy Judge Avoids Post-Petition Transfer 19 Years After Bankruptcy Filing

The Debtor failed to disclose, among other things, the existence of certain real estate interests in his schedules in a Chapter 7 case filed in 1994. The Chapter 7 Trustee objected to discharge for failing to disclose all…more
| Bankruptcy, Civil Procedure, Real Estate - Commercial, Real Estate - Residential
Foot Locker v. Omni Funding

Verdict in Favor of Foot Locker

Foot Locker leased some equipment from Defendant for use in its corporate offices. The term of the lease expired and Foot Locker duly notified Defendant of its intention to return the equipment, rather than renew the lease for…more
| Commercial Law & Contracts
Larkins v. M&T Mortgage

Second Circuit Court of Appeals Affirms Dismissal of Fraud Claims against M&T Bank

Plaintiff commenced an action against M&T Bank arguing that a state court judgment of foreclosure should be invalidated because it was obtained by fraudulent means. We moved to dismiss the action for want of jurisdiction. The…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate
Monroe v. Hyundai of Manhattan & Westchester, Toyota & Lexus Financial Service

Second Circuit Court of Appeals Affirms Dismissal of Consumer RICO Claims Against Toyota Motor Credit Corp.

We obtained a dismissal of an action commenced by a consumer alleging that she was fraudulently induced to refinance her vehicle in violation of, among other things, 18 U.S.C. ยง 1962(c) of the Racketeering Influence and Corrupt…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Consumer Protection
Blau v. GMAC et al.

Successfully Opposed Motion for Class Action Certification on Behalf of GMAC

Successfully defended a motor vehicle finance company against a class action complaint alleging that the finance company and automobile dealership colluded to defraud the consumer into paying excess "wear and tear" fees for…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking
Marco Evani, Inc. and Sergio Iaccarino v. JP Morgan Chase Bank, NA

New York Court Denies Motion to Quash Enforcement of Texas Court Judgment Based on Full Faith and Credit Clause

We represented JPMorgan Chase Bank, N.A. s/h/a JP Morgan Chase Bank, NA ("Chase"), a custodian stakeholder of certain deposited funds, in response to an emergency motion of a judgment debtor seeking to quash a judgment of…more
| Civil Procedure, Constitutional Law, Finance & Banking
Edelson v. Home Depot

Summary Judgment Dismissing Action Granted in Favor of Home Depot Where Plaintiff Failed to Substantiate Damages Claims

Plaintiff claimed Home Depot failed to complete construction on his kitchen in a timely manner and as a result, he was forced to incur additional expenses derived from the loss of use of his kitchen. During plaintiff's…more
| Civil Procedure, Commercial Law & Contracts, Construction Law
Edelson v. Home Depot

Summary Judgment Dismissing Action Granted in Favor of Home Depot Where Plaintiff Failed to Substantiate Damages Claims

Plaintiff claimed Home Depot failed to complete construction on his kitchen in a timely manner and as a result, he was forced to incur additional expenses derived from the loss of use of his kitchen. During plaintiff's…more
| Civil Procedure, Commercial Law & Contracts, Construction Law
In the Matter of the Notice of Hearing for Unlicensed Acitvity of, Best Buy Stores LP

Department of Consumer Affairs Voluntarily Withdraws Violation Against Best Buy

The New York City Department of Consumer Affairs ("DCA") charged Best Buy with violating that section of the NYC Administrative Code requiring a business to maintain a home improvement license when installing home theaters (i.e…more
| Administrative Law, Construction Law, Consumer Protection
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