Fast-Track to Justice: How Peraino Malinowski LLP Secured a $1.1M Victory in Record Time.

Peraino Malinowski LLP recently obtained a swift and decisive victory for its client, a lender, in its litigation to enforce a promissory note against a foreign borrower. In BG Atlantic, Inc. v. Hay Hill Investments Ltd., the Trial Court awarded our lender-client $1,128,142.84 in damages. The award of summary judgment came within just six (6) months of commencing the action.

Simon I. Malinowski, Esq., a partner of the firm, and Matthew C. Schwartz, Esq., Senior Associate, utilized a procedural mechanism set forth in CPLR 3213 entitled “Motion for Summary Judgment in Lieu of Complaint” in order to obtain the decision and order within just six (6) months of commencing the action – lightspeed in the context of New York litigation. By doing so, Peraino Malinowski LLP was able to avoid time consuming and expensive protracted litigation (potentially overseas). Ultimately, a lender’s ability to quickly enforce a default will push rational borrowers to stay current on loan obligations and avoid defaults.

The firm also successfully argued that the Trial Court should adopt a broad interpretation of the forum selection clause, which stated that “any dispute” between the parties “shall be referred to and finally resolved by a court of competent jurisdiction in New York.” Specifically, Peraino Malinowski LLP prevailed on the argument that the forum selection clause necessarily extended to disputes over a loan default. In rejecting the borrower’s arguments, the Trial Court held that the forum selection clause would be rendered meaningless if it did not apply to disputes arising from the borrower’s default.

If you have any questions, please contact Simon I. Malinowski, Esq. at (646) 360-4328 or simon@pmlaw.nyc, or David M. Peraino, Esq. at (646) 454-0313 or dperaino@pmlaw.nyc .