FKB’S ANDREW JONES AND DANIEL BUTLER OBTAIN DISMISSAL OF ALL CLAIMS AGAINST TITLE AGENCY ON SUMMARY JUDGMENT

07/18/2019

Andrew R. Jones and Daniel H. Butler recently obtained dismissal of all claims, including Plaintiff’s claims of negligence and fraud, and all cross-claims asserted by co-defendants, in connection to a lawsuit advanced against a title agency.  The title agency was accused of willfully delaying the recording of certain real estate documents as part of an overarching conspiracy to defraud the plaintiff, a holding company, in connection to the payment of outstanding judgments.  The title agency was also accused of negligence in connection to their alleged delay in recording. 

By decision dated June 28, 2019, Westchester County Supreme Court Justice Sam D. Walker, J.S.C., granted the title agency’s motion for summary judgment.  All other dispositive motions, including Plaintiff’s summary judgment motion and every other defendant’s summary judgment motion, were denied.  

Judge Walker determined that “Plaintiff has not produced any evidence of fraud with regard to [the title agency’s] alleged fraudulent behavior,” and that there is “no evidence to show” any of the claimed badges of fraud alleged by Plaintiff’s counsel.  As to Plaintiff’s negligence claim – the Court determined that “there is no allegation that [Plaintiff] had any relationship or contact with [the title agency]… Plaintiff’s allegations of fraud and collusion [are] insufficient on this motion… the negligence claims must be dismissed.”  All cross-claims were also dismissed against the title agency.  Judge Walker held that the cross-claims asserted by multiple co-defendants “offer no basis upon which [the title agency] would be liable [on cross-claim].”

If you or your firm has any questions about the defense of title agents or title agencies, or in connection to the defense of fraud or negligence claims, in general, please feel free to contact Andrew Jones or Daniel Butler

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