On February 18, Day Pitney's Consumer Finance team secured a monumental and precedent-setting victory before the New York Court of Appeals. Ditech Financial, LLC v. Naidu, Court of Appeals No. APL 2020-00023 (Feb. 18, 2021), which included three other appeals on similar issues, addressed when the six-year statute of limitations commences to run in a mortgage foreclosure action, and how a lender may revoke the acceleration. In a 26-page decision, the New York Court of Appeals reversed the ruling rendered against one of our clients by the Appellate Division and held that, absent a contemporaneous statement to the contrary from a lender, a voluntary discontinuance revokes the acceleration where the loan was accelerated by the commencement of a foreclosure action. The decision will have a far-reaching effect on foreclosure cases in New York.
The Day Pitney team was led by Christina Livorsi, who argued the appeal, with substantial support from Alfred W.J. Marks and Erin Hodgson, who were instrumental in the drafting of the papers. Day Pitney routinely represents mortgage servicers and lenders on issues like that involved in Naidu. Learn more about Day Pitney's Consumer Finance and Creditors' Rights group here.
Day Pitney Litigation Partner Stephen Catanzaro and Litigation Associate Erin Hodgson authored the article "Appellate Division Rejects Objectors' Attempt to Challenge Development Approvals," for the New Jersey Law Journal.
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in Miami Today.
Day Pitney's Executive Committee, Executive Board and department leadership changes were featured on CityBiz.
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Day Pitney's Executive Committee, Executive Board and department leadership changes were featured in Law360 Pulse.
Day Pitney Litigation Partner Georgia Thompson was featured in the Daily Business Review article on the Florida Legal Awards' On The Rise Honorees.
Day Pitney Partners Stephen Catanzaro, Laurence Smith, and Elizabeth Yoo were featured in New Jersey Law Journal's 2024 New Partners Yearbook, which highlights partners, including lateral partners, made or hired at New Jersey firms.
Day Pitney Litigation department chair Manuel Garcia-Linares was featured in a Daily Business Review Q&A about his most significant achievements in the past year.
Day Pitney Litigation Partners Gregory Bruno and Alfred W.J. Marks authored "Don't Believe Everything You Read Online: Recent Sanctions Decision Offers Cautionary Tale of Generative AI Risks" for the New York Law Journal's Special Litigation Section.
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