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Adam Leitman Bailey, P.C. Prevails in Defending U.S. Bank Against Mortgage Fraud Claim After Plaintiff Fails to Comply with Discovery Demands

By Adam Leitman Bailey


Adam Leitman Bailey, P.C. was retained to protect the priority interests of US Bank with respect to two loans facing allegations of fraud. The Plaintiff transferred his Property to the Defendant, and the Defendant gave two mortgages to US Bank. Later, Plaintiff commenced an action alleging that the conveyance to the Defendant was fraudulent.

As the Plaintiff was not producing the requested discovery, and as the pleadings did not plead fraud with specificity, Adam Leitman Bailey, P.C., therefore, devised a strategy by which it would continue to request court orders that require the Plaintiff to produce the discovery, which orders would ultimately form the basis for a motion to dismiss in favor of the insured, US Bank.

As planned, the Plaintiff continued to fail to produce the ordered discovery, and after sending all proper notices and requests to the Plaintiff, Adam Leitman Bailey, P.C. moved to dismiss, arguing that the Plaintiff had ignored five court orders demanding the production of discovery, the last of which (as was strategically drafted by Adam Leitman Bailey, P.C.) ordered that Plaintiff Smith was to respond to the demands by a date certain or would be precluded from offering any evidence as to fraud at trial.

The Plaintiff failed to produce the discovery by the date certain, and due to the strategic collection of orders employed by Adam Leitman Bailey, P.C.’s litigation team, the motion was granted and the fraud allegation was completely dismissed as against the insured, US Bank.

Pete Reid, Esq. appeared on behalf of Adam Leitman Bailey, P.C.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS