Decisions of Interest Involving the Attorneys of Stagg, Terenzi, Confusione & Wabnik
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2013
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2012
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2011
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1996
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Decisions 2013
Bank Prevails in Appellate Division ruling confirming dismissal of complaint involving forged cashier's check -
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New York Supreme Court denies adversary's motion to reargue and renew previously denied motion to vacate $24 million confession of judgment, finding adversary's claims to be the same core theories and assertions presented on prior motion. -
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New York Supreme Court dismisses complaint, holding that bank did not owe a duty to the beneficiary of a Uniform Transfer to Minor Act account and that the UTMA shielded the bank from liability related to alleged fraudulent acts of the minor's custodian. -
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Decisions 2012
New York Supreme Court denies adversary's motion to vacate $24 million confession of judgment, finding adversary's failure to deliver collateral aircraft to plaintiff was clear violation of the explicit terms of the settlement agreement between the parties -
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New York Supreme Court dismisses claim of mortgage rescue fraud asserted against client bank, finding that adversary was estopped from challenging mortgage and thus avoiding the expense of a lengthy trial -
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Second Circuit Affirms Dismissal of Case Against Bank, Holding District Court Properly Borrowed New York's Statute of Limitations When Finding That Plaintiff's Claim Was Time-Barred (2012) -
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Decisions 2011
New York Supreme Court Dismisses Claims Against Payor Bank Arising From Dishonor of Counterfeit Cashier's Check, Holding that Payor Bank Owed No Duty to Non-Customer. Rather, Plaintiff's Lack of Due Diligence And Failure to "Know Its Client" Was Sole Cause of Damages (2011) -
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Court Awards Bank Summary Judgment Because Plaintiff Was Not Damaged and Failed to State Causes of Action for Negligence, Fraud, and Breach of Fiduciary Duty, New York Supreme Court, Nassau County (2011) -
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Third Circuit Affirms Dismissal of Case Against Credit Card Company For Failure to State a Valid Cause of Action and Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2011) -
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New Jersey Federal District Court Dismisses Case Against Credit Card Company Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2010) -
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New York Law Journal Selects as February 17, 2011 "Decision of Interest" - Shareholders' Derivative Claim For Breach Of Contract Is Dismissed, Supreme Court, New York County (2011) -
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New Jersey Bankruptcy Court holds that a secured creditor's post-petition receipt of funds pursuant to a pre-petition turnover order did not violate the automatic stay. Upon the entry of a turnover order, a debtor is divested of any interest in levied property and such property is not part of the bankruptcy estate (2011) -
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Decisions 2010
Federal Court Dismisses Exempt Income Protection Act Claim As Statute Went Into Effect After Alleged Wrongdoing and Finds That Statute of Limitations Expired on Remaining Claims Against Bank (2010) -
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New York Federal Court Awards Bank of America Summary Judgment Dismissing Wrongful Foreclosure and Breach of Contract Claims (2010) -
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New Jersey Federal Court Upholds "Bill Stuffer" Amendment to Credit Card Agreement and Grants Summary Judgment Confirming Arbitration Award (2010) -
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New Jersey Federal District Court Dismisses Case Against Bank Because New Jersey's Harassment Statute Does Not Provide for A Private Right of Action (2010) -
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Decisions 2009
Summary Judgment Obtained Apportioning Lien Imposed Against Mortgaged Property (2009) -
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New York State Appellate Court Rules that Bank Did Not Waive Its Right To Arbitrate, Appellate Division, Second Department, New York (2009) -
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Court Agrees with Bank's Interpretation of Deed and Awards Summary Judgment, New York State Supreme Court, Nassau County (2009) -
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Summary Judgment Granted Dismissing Breach of Contract Action Against Home Depot, Civil Court of the City of New York (2009) -
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New York Law Journal Selects as March 16, 2009 "Decision of Interest" - Surrogate's Court Dismisses Time-Barred Claims Against JPMorgan Chase Bank, New York State Surrogate's Court, Kings County (2009) Case cited in American Law Report 2d at 50 A.L.R.2d 1115 -
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Decisions 2008
Court Approves of Arbitration Award on Behalf of Credit Card Issuer Granting $5,600 in Attorney's Fees and Defeats Cardholder's Motion to Vacate or Modify Arbitration Award, Supreme Court, New York County (2008) -
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Northern District Dismisses TILA Complaint, Allows Amendment to Answer to Assert Counterclaim and Grants Judgment on the Counterclaim (2008) -
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Dismissal Obtained of Connecticut State Case and Confirmation of Arbitration Award (2008) -
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Connecticut State Court Holds that the Issuance of Gift Cards by a National Bank is Regulated by the National Bank Act and thus Dismisses Connecticut Unfair Trade Practices Act ("CUTPA") as Preempted, Superior Court, Judicial District of Hartford (2008) -
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Decisions 2007
Judgment Obtained Dismissing Complaint Containing State Law and FCRA Claims, and Denying Plaintiff's Motion to Amend Complaint Supreme Court, Suffolk County (2007) -
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Federal Court Dismisses Investment Advisors Act, NY General Business Law, Breach of Fiduciary Duty and Negligence Claims Against Bank of America Based on Statute of Limitations and Martin Act -
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Federal Court Declares That Netbank is Holder in Due Course of Multiple Notes and Mortgages Under the U.C.C. (2007) -
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Decisions 2006
Federal Court Dismissed Truth in Lending Act Claims Against Credit Card Issuer As Untimely (2006) -
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Court Dismisses Claims Against Bank of America Pursuant to UCC Article 4-A, New York State Supreme Court, New York County (2006) -
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Reversal Obtained of Award of Contempt Against Bank for Failure to Restrain Account, Appellate Division, Second Department, New York (2006) -
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Following Trial, Appellate Court Upholds Judgment for Credit Card Company, Appellate Term, First Department, New York (2006) -
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Court Dismisses fraud Claim against Bank, resulting in dismissal of all claims, New York State Supreme Court, Bronx County (2006) -
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Decisions 2005
Appellate Court Reverses Trial Court's Class Certification, Appellate Division, Second Department, New York (2005) -
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Court Dismisses Racial Discrimination Claim Against Bank, United States District Court, Southern District of New York (2005) -
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Decisions 2004
Court Awards Bank Its Attorney's Fees On Motion, United States District Court, Southern District of New York (2004) -
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Court Grants Motion To Compel Arbitration Pursuant To Credit Card Arbitration Amendment, United States District Court, Southern District of New York (2004) -
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Decisions 2001
Appellate Division Affirms Award of Summary Judgment Dismissing Contribution Claims (2001) -
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Decisions 2000
Town Did Not Meet Its Obligations Under State Environmental Quality Review Act, Supreme Court Appellate Division, Second Department, New York (2000) -
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Appellate Division Reverses Summary Judgment Against Landlord and Dismisses Complaint (2000) -
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Decisions 1996
Federal Court Grants Pre-Answer Motion to Dismiss RICO and Fraud Complaint Against Bank and its Employees (1996) -
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