Andrew B. Messite

Andrew’s practice has traditionally focused on financial services litigation, real estate litigation (including commercial lease disputes, zoning, and condemnation issues), and general commercial litigation. He has argued before numerous appellate courts, including New York’s Court of Appeals, the First, Second, and Third Departments of the Appellate Division, and the U.S. Court of Appeals for the Second Circuit.

Experience

Representative matters

HSBC Bank USA v. Nelson (Appellate Division, Second Department, 2021) – Won appellate affirmance in residential foreclosure on standing issue despite borrower challenge to adequacy of bank affidavit, supporting evidence.

Denise Jackson v. Wells Fargo (Second Circuit Court of Appeals, 2020). Won appellate affirmance (and subsequent rehearing and cert denial) as to dismissal of borrower lending discrimination claims.

Commodore Factors Corp. v. Deutsche Bank (Appellate Division, Second Department, 2020) (obtained summary judgment and then appellate affirmance in quiet title action brought by second lienholder arguing statute of limitations bar and subordination of first lien based on loan modification to which second lienholder did not contest).

Denise Jackson v. Wells Fargo (Second Circuit Court of Appeals, 2020). Won appellate affirmance (and subsequent rehearing and cert denial) as to dismissal of borrower lending discrimination claims.

Vitolo v. US Bank (Appellate Division, Second Department, 2020). Won summary judgment and appellate affirmance in borrower quiet title action and related foreclosure despite borrower statute of limitations arguments based on dismissal of prior foreclosure and pre-foreclosure notices).

US Bank v. Pepe (Appellate Division, Second Department, 2018). Won appellate reversal of order dismissing foreclosure on personal jurisdiction grounds and reinstatement of judgment.

Banque Havilland v. One57 79 Inc. (Supreme Court, New York County Index No. 850046/17) Successfully completed $36,000,000 residential mortgage condominium foreclosure – largest in New York history.

Vieyra v. Penn (Appellate Division, Second Department, 2014) - Won affirmance of Supreme Court, Nassau County orders compelling individual arbitration and precluding class action of consumer claim relating to auto leases.

In re M. Fabrikant & Sons (S.D.N.Y. BK 2014) - Obtained dismissal of long running dispute involving $33 million in claims against Santander Bank and an affiliate relating to purported fraudulent conveyances.

Petitions of Van der Mije (Surrogate Court, Nassau County 2014) - Won dismissals in four related Surrogate’s Court proceedings, where trust beneficiaries sought to impose liability and require accountings from successor trustee based on purported wrongdoing of predecessor trustee.

Sobieniak v. BAC Home Loans; Jesinoski v. Countrywide Home Loan Services (Eighth Circuit 2013) - Won affirmances in the Eighth Circuit in a series of District of Minnesota cases where TILA claims were dismissed on statute of limitations grounds, as the appellate court agreed – despite a Circuit split – that a borrower must commence within three years of the closing, not simply send a notice of rescission (cert has been granted in Jesinoski to address the Circuit split).

Marshak v. Schaffner (S.D.N.Y. 2012) - Obtained summary judgment for Motown recording artists, the Marvelettes, in a trademark infringement suit brought by a party who had been passing off his own performers as the Marvelettes since the early 1970’s.