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Real Estate Commercial

Location:
Poughkeepsie, NY
Posted:
October 08, 2012

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Resume:

Joel Sharrow

Email: abovbh@r.postjobfree.com

Address: ** ******* ****

City: Poughkeepsie

State: NY

Zip: 12601

Country: USA

Phone: 845-***-****

Skill Level: Senior

Salary Range: 189

Willing to Relocate

Primary Skills/Experience:

See Resume

Educational Background:

See Resume

Job History / Details:

JOEL DAVID SHARROW

12 LILLING ROAD, POUGHKEEPSIE, NY 12601

C: 845-***-****; O: 212-***-****; abovbh@r.postjobfree.com

PROFILE

Senior litigator with expertise in general commercial litigation and loan enforcement. Partner in the litigation group at Moses & Singer LLP from 1994 to 2006.

PROFESSIONAL EXPERIENCE

MOSES & SINGER LLP, NY, NY, Special Counsel; Partner, Litigation Department 1978 to Present

CARB, LURIA, GLASSNER, COOK & KUFELD, NY, NY, Litigation Associate 1974-1978

KELLEY, DRYE, WARREN, CLARK, CARR & ELLIS, NY, NY, Litigation Associate 1971-1974

Commercial Litigation.

Represent middle-market corporate entities and individuals in a diversified commercial litigation practice covering all facets of motions and appeals in state court, including taking and defending depositions and other discovery. Substantive areas of law include: loan enforcement/asset recovery actions such as commercial mortgage, security interest, and letter of credit cases. Represent landlords and tenants in residential and commercial landlord-tenant plenary actions and summary and landlord-tenant summary dispossess proceedings.

Real Estate-Related/Construction Litigation.

Represent builders of commercial properties in mechanic lien foreclosures. Engage in real property title defense litigation. Represent brokers, sellers/landlords as well as buyers/tenants in brokerage commission litigations.

General Litigation.

Represent individuals in connection with trusts and estates matters, particularly will disputes. Experience in certain substantive and procedural aspects of matrimonial law such as property disputes, financial support issues, and matrimonial appeals.

Long-standing pro bono representation, including serving as secretary, of The Lois Lenski Covey Foundation Inc. Manage and oversee Managing Clerk`s Department at Firm.

EDUCATION

BOSTON UNIVERSITY SCHOOL OF LAW, J.D., cum laude, 1971; Boston University Law Review, Staff Member

STATE UNIVERSITY OF NEW YORK, AT ALBANY, B.A., magna cum laude, Economics, 1968

PROFESSIONAL AFFILIATIONS

New York State Bar Association, Real Property, Litigation and Senior Lawyers Sections; Committee on Civil Practice Law and Rules of the NYSBA.

ADMISSIONS

New York State Bar; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. 2nd Circuit Court of Appeals.

REPRESENTATIVE ENGAGEMENTS

Lead attorney for the board of directors of a residential cooperative, in Matter of Levandusky v. One Fifth Avenue Corp., 75 NY2d 530 (1990) (-Levandusky I-), establishing an analog of the -Business Judgment Rule- as the standard for judicial review of actions taken by a cooperative`s board; and, in Levandusky v. One Fifth Avenue Corp., 171 AD2d 400 (1st Dep`t 1991), the first appellate case to follow Levandusky I and apply its -Business Judgment Rule-, reversing the grant of and, on appeal, denying petitioner`s second Article 78 Proceeding against the Cooperative.

Lead attorney for the lender, in Bankers Trust Company v. Board Of Managers of Park 900 Condominium, 81 NY2d 1033 (1993), sustaining under Sec. 339-z of the Condominium Act the priority of lien of a first mortgagee of record`s consolidated and cross-spread mortgages (as a single unitary first mortgage lien) over the lien for unpaid common charges held by the condominium`s board of managers.

Represented the lender, in European American Bank v. Village Square Associates, 212 AD2d 754 (2nd Dep`t 1995), obtaining summary judgment and foreclosing as a single mortgage lien the liens of a series of consolidated acquisition, building loan and soft costs mortgages, despite numerous fraud, contractual and Lien Law defenses and counterclaims.

Represented the confirming bank, in Woodhouse, Drake & Carey v. P.T. Djudjur Jakarta, NY Co. Clerk`s Index No. 28399/86, successfully applying the lease default curative period tolling doctrine established in the landlord-tenant case of First National Stores v. Yellowstone Shopping Center, 21 NY2d 630 (1968), to toll expiration of the 21 day period to cure documentary defects under the UC & P in a letter of credit case (the action settled shortly after the Court orally granted the analog of a -Yellowstone- injunction, confirming the ex parte toll of the period to cure documentary defects).

Represented the account party, in S&S Machinery Co v. Citibank, NA, 118 AD2d 1053 (lst Dep`t 1986), affirming without opinion a preliminary injunction under UCC Article 5 to enjoin payment of a time draft presented under a letter of credit, previously accepted by the issuer and stamped -bankers acceptance-, notwithstanding First Comm`al Bank v. Gotham Originals, Inc., 64 NY2d 287 (1985), aff`g 101 AD2d 790 (1st Dep`t 1984), which had held that once the issuer accepts a time draft, UCC 4-303(1) absolutely requires payment of a letter of credit so that payment thereof could not be enjoined under UCC Article 5.

Lead counsel for the heirs of the decedent, in Yannitelli v. D. Yannitelli & Sons, Inc., 247 AD2d 271 (1st Dep`t 1998), locating the proceeds of settlement of a wrongful death action and wresting them loose from the attorney for the heirs in that action (the attorney was compelled to forfeit a sizable contingency fee due to violations of the Code of Professional Responsibility, and lost 2/3 of the claimed disbursements on the grounds they either were extravagant or legally not chargeable to the heirs).

PUBLICATIONS

-Foreclosing Mortgages on Multiple Parcels Securing a Single Debt, An Update on Sanders v. Palmer-; New York State Bar Association Journal, September, 2011.

-A Notice of Pendency Does Not Convey an Interest in Land-; New York Real Estate Law Reporter, August 2011.

-Foreclosure Set Aside; Rights Not Lost-; New York Law Journal, 04/03/09, p. 7, col. 3.

-`EMC` Clear on Right to Redeem After Sale-; New York Law Journal, 11/12/08, p. 2, col. 3.

-The Equitable Mortgage: Its Creation, Enforceability and Lien Priority-; Journal of the Real Property Section of the New York State Bar Association, Spring, 2006.

-A Possible Need To Amend CPLR 6501-; New York Real Estate Law Reporter, October 2005.

-The Powerful Impact of the Non-Foreclosure Notice of Pendency-; New York Real Estate Law Reporter, July 2004.

-Notice of Pendency in Courts Again-; New York Law Journal, Spring Supplement, April, 2004;

-Condominium Liens and the Priority of a Consolidated First Mortgage - Revisited-; Journal of the Real Property Section of the New York State Bar Association, March 2004

-Condominium Act: Economic Necessity of Lien Priority of First Mortgages-; New York Law Journal, April, 1994.

PRESENTATIONS

New York State Bar Association General Practice Section Annual Meeting, January 2009: -Stages Of A RPAPL Art. 13 Litigated Mortgage Foreclosure Action-;

New York State Bar Association General Practice Section Annual Meeting, January 2010: -Changes in Residential Mortgages - and Security Interest - Foreclosures; `MERS` Issues-;

Moses & Singer LLP CLE, August 2009: -New York`s New Power of Attorney Statute: What Every Attorney Should Know-;

Moses & Singer LLP CLE, May 2009: -Recent Changes to New York Summary Judgment Law CPLR 3212-.



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