Author Archives: Scott Lanin

I recently handled a case where a lender moved for for summary judgment on a guaranty. We opposed the motion there was a material dispute of fact as to whether the guarantors were third-party beneficiaries of a secondary guaranty from the … Continue reading →

In a recent case, I opposed a motion for Summary Judgment in a collection action with the defense of unjust enrichment. The creditor attempted to recover the same debt twice from different guarantors. Here is on of the defenses, I argued:

Sometimes when you have a duty to perform either by agreement or contract, it simply cannot be done because the other party hasn’t done their part or has prevented you from doing yours. Clearly this can be frustrating, and fortunately … Continue reading →

Have you ever wondered if you were tricked or duped into signing a guaranty or now feel surprised by some hidden terms you didn’t know about when you signed? Well, here is the standard in New York to determine if there … Continue reading →

New York’s General Obligations Law has been held to bar creditors from recovering upon a debt twice. This is commonly referred to as the Single Satisfaction Rule. Clearly, the someone was listening to the Rolling Stones. In a recent case … Continue reading →

In a litigation, all necessary parties must be joined in the action. Failure to do so may result in dismissal. This is codified in the CPLR:

I recently opposed a lender’s motion for Summary Judgment on the grounds that it lacked standing. Here is an excerpt from that brief.

Order of the court Avista Management vs. Wausau Underwriters Insurance Co. NEW YORK (FORTUNE) – This is the text of the order requiring attorneys for each side to play a game of ‘rock, paper, scissors’ on the courthouse steps. (Back … Continue reading →

We just defeated a lender’s summary judgment motion in a commercial foreclosure action before Justice Pfau in Kings County Supreme Court.

For those who may be curious about what a loan mod actually looks like once it is approved, here is an agreement we worked out for one of our clients with Chase to save his home and reduce his mortgage payments and … Continue reading →