Day Pitney Consumer Finance Team Secures Precedential Victory
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.
Recommended
The Florida Bar News' 'On the Move' column recently featured the arrival of four new associates to our Florida offices.
Day Pitney Litigation Department Chair Manuel Garcia-Linares was featured in the Daily Business Review article, "Florida Supreme Court Clarifies Qualifications for Court – Appointed Arbitrators." Garcia
Day Pitney Press Release
Day Pitney Litigation Attorneys Michael L. Fialkoff and Andrew R. Ingalls authored the article "NJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable," for the New Jersey Law Journal.
Day Pitney Litigation Partner Mark Romance co-authored the article, "Tips for Navigating First-Time Trial Preparation," for the ABA Litigation Section Newsletter.
Day Pitney Litigation Partner Richard A. Robinson was featured in a Law360 Pulse Q&A article titled, "Retired Conn. Chief Justice Discusses Career and New Role."
The news of Richard A. Robinson, former Chief Justice of the Connecticut Supreme Court, arrival to Day Pitney as a partner in the Litigation Department and as a member of the firm's Appellate Practice Group was featured in Diverse Lawyers Network's newsletter.
The arrival of recently retired former Chief Justice of the Connecticut Supreme Court Richard A. Robinson to Day Pitney's Litigation department and Appellate practice was featured in CT News Junkie.
Day Pitney Litigation Partner Richard A. Robinson's arrival to Day Pitney was featured in the Connecticut Law Tribune article, "Chief Justice Robinson Joins Day Pitney." Robinson, former Connecticut Supreme Court Chief Justice, will reside in the firm's Hartford office.
The arrival of Richard Robinson to Day Pitney's Litigation department as a partner was featured in Bloomberg Law. Robinson was previously the Chief Justice of the Connecticut Supreme Court.