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Tarter Krinsky & Drogin successfully persuaded the New York State Appellate Division, Second Department to dismiss claims against our client by a persistent plaintiff. The plaintiff had devised novel theories and commenced several lawsuits in an attempt to recover a development property located in Kings County. In one iteration, the plaintiff claimed that our client’s deed was in fact a mortgage. The court agreed with the firm that the plaintiff’s reconstituted claims were based on the same transaction as the plaintiff’s previously-dismissed claims, and barred the plaintiff from bringing his “new” claims.
Partner Andrew N. Krinsky and counsel Debra Bodian Bernstein, both of whom are in the Litigation Practice Group, represented our client in this case.