COTTER LAW GROUP

Case Results

Cotter Law Group Wins Vacatur and Cancellation of Mechanic’s Lien

Go Key Realty Consulting LTD. v. Zientek Contracting, LLC, Index No. 614600/2020 (Sup. Ct. Suffolk County 2020)

In this action to vacate and cancel a mechanic’s lien in Suffolk County, the Supreme Court, in accordance with Cotter Law Group’s arguments, granted Plaintiff’s petition, brought pursuant to Lien Law § 59, thereby vacating and cancelling the mechanic’s lien previously filed by the Respondent on Petitioner’s property.


Cotter Law Group Wins Reversal and Reinstatement of Dismissed Complaint

Anderson v. Pinn, 185 A.D.3d 534 (2d Dep’t 2020)

In this action to recover damages for architectural malpractice in Kings County, the Appellate Division, Second Department, in accordance with Cotter Law Group’s arguments on appeal, reversed the lower court’s order dismissing the complaint. Despite the fact that the parties had entered into the first agreement thirteen years prior to the commencement of the action, and despite the parties entering into two subsequent contracts, the Court held that since each of said contracts related to the single project, the architect was precluded from asserting the statute of limitations to avoid liability.


Cotter Law Group Wins Reversal and Reinstatement of Dismissed Complaint

Votsis v. ADP, LLC, 187 A.D.3d 1490 (4th Dep’t 2020)

In this action to recover damages for defamation under the respondeat superior theory in Monroe County, the Appellate Division, Fourth Department, in accordance with Cotter Law Group’s arguments on appeal, reversed the lower court’s order dismissing the complaint. The Court agreed with Cotter Law Group’s position that Plaintiff had sufficiently pleaded facts to support its allegation that the defendant’s employee was acting within the scope of his employment when he posted the defamatory statements on Plaintiff’s Facebook page.


Cotter Law Group Wins Affirmance of Denial of Plaintiff’s Motion To Strike Answer

Emigrant Bank v. Rosabianca, 192 A.D.3d 580 (1st Dep’t Mar. 25, 2021)

In this foreclosure action in New York County, the Appellate Division, First Department, in accordance with Cotter Law Group’s arguments on appeal, affirmed the lower court’s denial of the plaintiff’s motion to strike the Defendant’s answer and counterclaim. The Court agreed with Cotter Law Group’s position that the Defendant complied with the decretal paragraph of the prior Order, and thus even though said paragraph did not mirror the language contained in the body of said Order, denial of Plaintiff’s motion was proper.


Cotter Law Group Wins Vacatur and Cancellation of Mechanic’s Lien

Mr. G. Integrity Leaders Inc. v. Zientek Contracting, LLC, Index No. 614598/2020 (Sup. Ct. Suffolk County 2020)

In this action to vacate and cancel a mechanic’s lien in Suffolk County, the Supreme Court, in accordance with Cotter Law Group’s arguments, granted Plaintiff’s petition, brought pursuant to Lien Law § 59, thereby vacating and cancelling the mechanic’s lien previously filed by the Respondent on Petitioner’s property.


Cotter Law Group Wins Reversal and Vacatur of Defendant’s Default and Wins Default Judgment on Counterclaims Against Plaintiff

Meglio I Corp. v. RENU Contracting & Restoration, Inc., et al., Index No. 616435/2019 (Sup. Ct. Suffolk County 2019)

In this action for breach of contract in Suffolk County, the Supreme Court, in accordance with Cotter Law Group’s arguments on its motion for leave to renew and reargue, held that Defendant’s prior motion for default judgment was timely based on Executive Order 202.8’s 228 day tolling period. Upon granting Defendant’s motion to renew and reargue, the Court not only vacated its prior finding of Defendant’s default, but granted default judgment to Defendant on its breach of contract counterclaim.