Plaintiff entered $2,571,204 judgment after inquest based on defendants’ default granted upon defendants’ failure to proceed to trial.  Defendants discharged their counsel and never substituted new counsel prior to the scheduled trial. Defendants subsequently moved to vacate the judgment. Motion was denied on the finding the defendants’ failure to proceed to trial was intentional and not the result of excusable neglect.

Defendant attorney represented plaintiffs as mortgagees at the closing of a mortgage that subsequently was vacated on the basis the agent of the mortgagor was an imposter and the granting of the mortgage was unauthorized. The mortgage was insured by Old Republic Land Title Insurance. Plaintiffs sued defendant for legal malpractice. Defendant impleaded Old Republic for indemnity and contribution of any amount defendant may be found liable to plaintiffs. Third-part claim against title underwriter was dismissed. Defendant was not a named insured on the loan policy and title underwriter was not a joint tortfeasor.

Plaintiff adjoining landowner filed a notice of pendency against defendant’s premises claiming the use of premises was injurious to adjoining landowner. Successfully firm moved to vacate the notice of pending on grounds adjoining landowner did not claim an interest or right to possession of defendant’s premises and therefore the filing of a notice of pendency was not authorised under the RDAPL.