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Adam Leitman Bailey, P.C. Wins Motion to Dismiss a Foreclosure Sale of Client’s Late Parent’s Property

In Burroughs v. Manufacturers Traders Trust Co., et al., Adam Leitman Bailey, P.C. won a motion to dismiss this action, which was brought by a plaintiff seeking to void the foreclosure sale of her late parent’s real property in Kings County.

The plaintiff commenced this action solely in her capacity as an alleged heir to the estate of her parents. It is well-established law in the State of New York, however, that a mere heir, who has not obtained letters deeming him or her to be the personal representative of an estate, lacks the legal capacity to seek relief on behalf of said estate.

Adam Leitman Bailey, P.C. was retained to protect the interests of the current owner of the premises, its lender, the title company, and the abstract company. Adam Leitman Bailey, P.C. moved to dismiss the action for lack of standing, and also strategically sought dismissal on the merits under the doctrine of res judicata, arguing that the plaintiff’s claims were barred since her parents already raised them in their foreclosure action.

After oral argument before the Honorable Gloria Dabiri, J.S.C., Adam Leitman Bailey, P.C.’s motion was granted in its entirety at the bench, thereby protecting the interests of the current owner and lender at no additional cost to the title company.

Jackie Halpern Weinstein of the Title Insurance Claims Group at Adam Leitman Bailey, P.C. strategized, argued, and won this case for the firm.




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