Defeated Summary Judgment Motion and Prevented Judicial Partition of Premises
More than fifteen years ago, a woman died (“decedent”), and her property was passed to her living heir. That heir sold the property to the current owner, and a major title company insured a mortgage during that transfer. This action suddenly arose in which the plaintiff claims that she is the first cousin of the decedent, and, therefore, at all times was entitled to one-half of the premises as another heir. The plaintiff seeks to judicially partition the premises. The title company immediately retained Adam Leitman Bailey, P.C. to defend the insured’s mortgage, which was given on the whole of the premises.
Adam Leitman Bailey, P.C. defeated the plaintiff’s motion for summary judgment. Shortly thereafter, the current owner (also a defendant in the action) moved for leave to add another defendant, presumably in an effort to further stall the resolution of the action. After only one court appearance, however, by skillfully cajoling the current owner during a conversation outside of the courtroom, Jackie Halpern Weinstein of Adam Leitman Bailey, P.C. successfully convinced the current owner to withdraw the motion altogether, even before oral argument before the judge.
The action was then automatically stayed as to the insured, pursuant to section 362(a) of the bankruptcy code. Since automatic stays do not apply to non-filing assignees of a loan, however, Adam Leitman Bailey, P.C. devised a way to remove the stay, and prevent further delay, by proving that the insured no longer holds an interest in the loan.
Colin Kaufman and Jackie Halpern Weinstein represented the title insurance company’s insured in this action in New York Supreme Court, Kings County.