firm news
Cuddy & Feder’s Josh Grauer and Anthony Luisi get Favorable Decision in Westchester County Supreme Court
Joshua J. Grauer and Anthony P. Luisi obtained a Decision from the Westchester County Supreme Court granting summary judgment in favor of the client and dismissing all of the defendants’ claims in a heavily contested action to partition and sell 10 acres of prime, subdivided residential land in Lewisboro, resulting in an order directing the sale of the property at public auction to the highest bidder.
Cuddy & Feder’s Joshua Grauer helps Client with Contested Will
In a contested proceeding in Sullivan County, New York, challenging the requested probate of a will purporting to disinherit the Firm’s client, Joshua J. Grauer won a Motion to deny probate based upon the legal presumption that the filing for probate of only a copy of the will, although purportedly signed and witnessed, established that the Testator intentionally destroyed the original Will.
Cuddy & Feder’s Josh Grauer and Thomas Cunnane obtain favorable Decision from New York State Appellate Division
Joshua J. Grauer and Thomas A. Cunnane, Jr. obtained a Decision from the Appellate Division, Second Department, upholding the client-lender’s claim against a former attorney for legal malpractice, and finding that the attorney was per se negligent in relying upon legal advice of the borrower’s counsel where the legal issue presented involved a matter of cursory review of the relevant statutes. The Court also found that attorneys, who are hired because of their knowledge in the area, cannot shift the burden of their expertise by relying on the advice of a third party.
Cuddy & Feder’s Josh Grauer and Thomas Cunnane Obtain Million Dollar Award for Client
Joshua J. Grauer and Thomas A. Cunnane, Jr. obtained an award by the Supreme Court, Westchester County on behalf of C&F’s client of a very rarely granted Pre-Judgment Order of Attachment of the Defendants Assets in the sum of $1 Million based on a showing that the defendants defrauded their client and converted their client’s assets. The Court also dismissed all five of the defendants’ counterclaims against its client.
Cuddy & Feder represents Lender in Westchester County Supreme Court Litigation
Joshua J. Grauer and Thomas A. Cunnane, Jr. obtained a Decision from the Westchester County Supreme Court granting the lender client, a private limited partnership, summary judgment in a dispute concerning the payoff amount due and owing upon pre-payment of a Purchase Money Wraparound Mortgage. The Court rejected the defendant borrower’s claim that the payoff amount should be approximately $750,000 less than argued by the firm’s client, and awarded the client’s attorneys’ fees.
Cuddy & Feder Attorneys win Summary Judgment for client in Chappaqua Land Deal
Joshua J. Grauer and Thomas A. Cunnane, Jr. obtained a Decision from the Westchester County Supreme Court granting summary judgment allowing the client to recover its contract deposit in connection with a land sale in Chappaqua that was contingent on health department approval, finding that the client diligently applied for health department approval and through no fault of the client the required approval was not obtained by the outside date.
Cuddy & Feder’s Andrew Schriever and Brian Galligan Obtain Decision Favoring Client in Scarsdale Land Deal
Andrew P. Schriever and Brian Galligan obtained a Decision from the Supreme Court, Westchester County, granting summary judgment allowing the client, a developer, to recover a $170,000 contract deposit in a $1.7 Million tentative land deal in Scarsdale, New York, based on a finding that the client had satisfied its commitment to seek financing pursuant to a mortgage contingency clause.