Published Cases
Update in progress - Dec 2024
Below are all published cases, win and lose. Many attorneys will only list their favorable appeals.
Published Cases
Bank of N.Y. Mellon v Taylor (2nd Dept. 2024)
Matter of Pelcak v Matousek (2nd Dept. 2024)
Orobona v Cunningham (2nd Dept. 2023)
Represented father who failed to appear for a virtual conference on a contested custody matter, and the mother's petition was granted on default. Father's motion to vacate the default was denied. The Second Department vacated the default order and reinstated the proceedings.
Lorne v Lorne (1st Dept. 2023) NY Slip Op 02942
Cullity v Posner (1st Dept. 2023)
Represented plaintiff who lost at trial against a counter-claim asserted by defendant. The lower court's decision was affirmed. Many arguments were not sufficiently preserved at trial and were not considered by the First Department. This case illustrates the importance of preserving issues for appellate review.
Lorne v Lorne (1st Dept. 2022) NY Slip Op 05593
JPMorgan Chase Bank, N.A. v Simonsen (2nd Dept 2022)
JPMorgan Chase Bank v Simonsen (2nd Dept. 2022)
Represented homeowner defendant. Judgment of foreclosure and sale reversed. Homeowner's attorney was suspended which automatically stayed the matter. As the stay was never lifted by personal service of the notice to produce counsel, all proceedings from 2014-2019 were null and void, including the judgment of foreclosure.
Silverman v Leibowitz (2nd Dept. 2022) 2022 NY Slip Op 05323
Cuomo v Moss (2nd. Dept. 2021)
Judgment of divorce modified in favor of wife. The trial court incorrectly found a stipulation to exist when in fact, no binding stipulation was made. In addition, the husband's credit of payments made to the marital home were disallowed, increasing the value of the wife's equitable distribution.
Central Mortgage v Resheff (2nd. Dept. 2021)
Represented homeowner defendant in appeal from a second judgment of foreclosure. Judgment modified in favor of defendant. As of 2024, the effects of this decision and order are back in front of the Second Department, with each party taking radically different positions as to what it means.
Valente v Cabral (2nd Dept. 2019)
Represented Wife, who married before her first divorce was finalized. Matrimonial action commenced by husband after 16 years of marriage. Action dismissed, denying wife maintenance and equitable distribution. Reversed in favor of wife, matter sent back to Supreme Court for determination of wife's share of marital estate and support.
Manuel P.A. v. Emilie B. (1st Dept. 2017)
Central Mortgage v Resheff (2nd Dept. 2016)
Represented homeowner. Bank prevailed in motion for summary judgment and obtained judgment of foreclosure. Judgment reversed in favor of homeowner.
Kaiser v Kaiser 2013 N.Y. Slip Op. 02047 (2nd Dept. 2013)
Represented husband following divorce trial. Judgment affirmed in favor of wife, partially reversed in part in favor of husband.
Mure v Mure 92 AD3d 653 (2nd Dept. 2011)
Represented wife following a divorce in which both parties appealed. Wife withdrew her cross-appeal. Husband’s appeal dismissed in favor of Wife due to failure to prepare sufficient record to allow appellate review.
Schleger v Stebelsky 79 AD3d 1133 (2nd Dept. 2010)
Represented mother who appealed from a Family Court order which declined to exercise continued jurisdiction on an interstate custody matter following a misconduct hearing under the UCCJEA, DRL 76-g. Matter transferred to Florida. Reversed in favor of mother, with New York retaining jurisdiction.
Bowe v Robinson 23 A.D.3d 555 (2nd Dept. 2005)
Represented mother. Father appealed from a Family Court order that denied father’s request to modify custody. Affirmed in favor of mother.
Robinson v Fisher 275 A.D.2d 326 (2nd Dept. 2000)
Represented mother who was awarded custody in Family Court. Father appealed. Appeal dismissed in favor of mother based on father’s failure to comply with CPLR 5525.
Oyang v Jeng (2nd Dept. 1999)
Represented former wife who appealed. Husband sought to evict ex wife and children. Wife asserted a counter-claim for constructive trust. The lower court granted the ex-husband’s motion to strike the counter-claim of the constructive trust and assert defenses to ex-wife’s claims. Reversed on appeal in favor of wife.