Robert J. Malatak
- T 212.478.7316
- F 212.478.7400
Robert represents corporate entities, financial institutions, unsecured creditor committees and trustees in a wide range of complex commercial disputes in federal, state, surrogate’s and bankruptcy courts throughout the country. He has litigated, arbitrated and mediated issues involving bankruptcy, business torts, commercial leases, contracts (including credit agreements and CMBS/RMBS), employment, ERISA, fraud, insurance, securities, and trusts and estates. Prior to attending law school, Robert became a Certified Public Accountant and worked for a “Big Four” international accounting firm, where he conducted audits of a major financial institution, and provided tax advice to the firm’s corporate clients.
- Valley National Bank v. Cort & Medas Associates, LLC, Index No. 509326/01, slip op. (Sup. Ct., Kings County, 2016) (summary judgment granted and order of reference entered on commercial mortgage loan foreclosure claims).
- FBI Wind Down Inc. Liquidating Trust v. Heritage Home Group, LLC, Adv. Pro. No. 15-51899 (CSS) (defendants' motion to compel arbitration concerning a post-closing reconciliations dispute denied).
- Wells Fargo Bank N.A., as Trustee v. Sovereign Bank, N.A., 13-Civ. 1222 (NRB) & 13 Civ. 4313 (NRB), 2014 U.S. Dist. LEXIS 125274 (S.D.N.Y. Sept. 9, 2014) (secured judgment of dismissal and summary judgment in favor of originator/seller of a $1 billion commercial loan portfolio).
- DLJ Mortgage Capital, Inc. v. Kontogiannis, 973 N.Y.S.2d 160 (1st Dept. 2013) (represented purchaser of mortgages securing provisional remedies and $65 million judgment, and defeating competing creditors in judgment enforcement priority dispute).
- The Responsible Person of Musicland Holding Corp. v. Best Buy Co., Inc. (In re Musicland Corp.), 398 B.R. 761 (S.D.N.Y. 2008) (represented unsecured creditors’ interests in director and officer breach of fiduciary duty, fraudulent conveyance and preference dispute ending in favorable settlement mid-trial).
- In the Matter of the Application to Vacate the Decree Admitting to Probate the Last Will and Testament of Romaine Efros, 859 N.Y.S.2d 902 (Sur. Ct., New York County, 2008) (decree vacated based upon undue influence).
- Spectra Sec. Software, Inc. v. MuniBEX.com, Inc., Index No. 604992/01, slip op. (Sup. Ct., New York County, 2002), unanimously aff’d., slip op. (1st Dept. 2003) (alter ego and fraudulent misrepresentation claims dismissed).