PESka Associates

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Successfully reversed trial court decision to deny judgment-debtor the right to wage protection for private disability insurance establishing new precedent within the State of New York

(2022 Appellate Division First Department)

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Successfully dismissed action following bench trial seeking judgment on a $50,000 loan. The Court dismissed the action finding that the loan violated civil usury because the loan required interest that exceeded 16% per annum.
(2018 Westchester Supreme Court)

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Successfully obtained judgment for the sum of $560,000 with respect to a defaulted financing agreement.
(2021 Commercial Division Westchester County)

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Obtained $162,000 judgment against company for failing to repay a business loan with respect to a joint venture.
(2016 New York County Supreme)

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Successfully won appeal and reversed decision from trial court finding borrower had defaulted on a settlement agreement. The Appellate Division reversed judgment against the borrower. (2018 Appellate Division Second Dept)

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Successfully dismissed a residential foreclosure proceeding brought by lending institution on the basis that the foreclosure would have violated the New York's homestead exemption. (2018 Rockland Supreme Court)

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Successfully obtained summary judgment on behalf of a former employee against employer for failing to pay the employee under a stock purchase agreement ($116,000).
(2016 Queens Supreme)

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Successfully obtained summary judgment ($37,000) on behalf of an auto repair shop against New York State Police for failure to pay on invoices for repair services rendered on its vehicles.(2016 New York State Court of Claims)

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Successfully won appeal and reversed judgment against medical practice for alleged unpaid compensation to one of its physicians.
(2019 Appellate Division Second Dept)

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Successfully dismissed action brought by federal agency HICA seeking to enforce student loan in excess of $45,000.(2016 United States Court for Eastern District of NY)

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Successfully won appeal that affirmed judgment obtained by plaintiff for $22,000 at trial level. The appellate court affirmed the judgment obtained by plaintiff, an unlicensed home contractor, on basis that contractor's work did not constitute a "home improvement".
(2014, Appellate Division, Second Dept)

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Successfully won appeal and reversed judgment ($123,000) obtained by American Express on appeal based on the AMEX's failure to establish contractual liability against individual defendant on an "account stated" theory.
(2011 Appellate Division, Second Dept)

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Successfully won appeal and reversed trial court decision on appeal, which had awarded judgment ($24,000) in favor of home contractor.
(2008 Appellate Division, Second Dept.)

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Successfully won appeal concerning unemployment benefits received ($10,000) by claimant.
(2005 Appellate Div, Third Dept)

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Successfully won appeal and reversed decision dismissing plaintiff's claims of housing discrimination brought against the condo association for refusing to permit the plaintiff and her family from utilizing the common pool area. (2017Appellate Division, Second Dept)

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Successfully won appeal and reversed dismissal of plaintiff's negligence action against truck dealership for damaging the plaintiff's truck. Case settled before trial. (2013 Appellate Division, Second Dept)

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Successfully won appeal and reversed judgment for warrant of eviction for failure to establish landlord-tenant relationship.
(2013 Appellate Division, Second Dept)

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Successfully won appeal and reversed defendant's motion to deny motion to vacate judgment based upon failure to properly serve the defendant.
(2013 Appellate Division, Second Dept)

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PESKA & ASSOCIATES, P.C.

235 MAIN STRET
WHITE PLAIN, NY 10601
914 686-5042

PESka Associates

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Successfully dismissed action following bench trial seeking judgment on a $50,000 loan. The Court dismissed the action finding that the loan violated civil usury because the loan required interest that exceeded 16% per annum.(2018 Westchester Supreme Court)

READ THE DECISION

Successfully obtained judgment for the sum of $560,000 with respect to a defaulted financing agreement. (2021 Commercial Division Westchester County)

READ THE DECISION

Obtained $162,000 judgment against company for failing to repay a business loan with respect to a joint venture. (2016 New York County Supreme)

READ THE DECISION

Successfully won appeal and reversed decision from trial court finding borrower had defaulted on a settlement agreement. The Appellate Division reversed judgment against the borrower. (2018 Appellate Division Second Dept)

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Successfully dismissed a residential foreclosure proceeding brought by lending institution on the basis that the foreclosure would have violated the New York's homestead exemption. (2018 Rockland Supreme Court)

READ THE DECISION

Successfully obtained summary judgment on behalf of a former employee against employer for failing to pay the employee under a stock purchase agreement ($116,000). (2016 Queens Supreme)

READ THE DECISION

Successfully obtained summary judgment ($37,000) on behalf of an auto repair shop against New York State Police for failure to pay on invoices for repair services rendered on its vehicles.(2016 New York State Court of Claims)

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Successfully won appeal and reversed judgment against medical practice for alleged unpaid compensation to one of its physicians. (2019 Appellate Division Second Dept)

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Successfully dismissed action brought by federal agency HICA seeking to enforce student loan in excess of $45,000.(2016 United States Court for Eastern District of NY)

READ THE DECISION

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Successfully won appeal and reversed judgment ($123,000) obtained by American Express on appeal based on the AMEX's failure to establish contractual liability against individual defendant on an "account stated" theory.(2011 Appellate Division, Second Dept)

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Successfully won appeal and reversed trial court decision on appeal, which had awarded judgment ($24,000) in favor of home contractor. (2008 Appellate Division, Second Dept.)

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Successfully won appeal concerning unemployment benefits received ($10,000) by claimant. (2005 Appellate Div, Third Dept)

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Successfully won appeal and reversed decision dismissing plaintiff's claims of housing discrimination brought against the condo association for refusing to permit the plaintiff and her family from utilizing the common pool area. (2017Appellate Division, Second Dept)

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Successfully won appeal and reversed dismissal of plaintiff's negligence action against truck dealership for damaging the plaintiff's truck. Case settled before trial. (2013 Appellate Division, Second Dept)

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Successfully won appeal and reversed judgment for warrant of eviction for failure to establish landlord-tenant relationship. (2013 Appellate Division, Second Dept)

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Successfully won appeal and reversed defendant's motion to deny motion to vacate judgment based upon failure to properly serve the defendant. (2013 Appellate Division, Second Dept)

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PESKA & ASSOCIATES, P.C.

235 MAIN STRETWHITE PLAIN, NY 10601914 686-5042

Successfully dismissed action following bench trial seeking judgment on a $50,000 loan. The Court dismissed the action finding that the loan violated civil usury because the loan required interest that exceeded 16% per annum.
(2018 Westchester Supreme Court)

Successfully obtained judgment for the sum of $560,000 with respect to a defaulted financing agreement.
(2021 Commercial Division Westchester County)

Obtained $162,000 judgment against company for failing to repay a business loan with respect to a joint venture.
(2016 New York County Supreme)

Successfully obtained summary judgment on behalf of a former employee against employer for failing to pay the employee under a stock purchase agreement ($116,000).
(2016 Queens Supreme)

Successfully won appeal and reversed judgment against medical practice for alleged unpaid compensation to one of its physicians.
(2019 Appellate Division Second Dept)

Successfully won appeal and reversed judgment ($123,000) obtained by American Express on appeal based on the AMEX's failure to establish contractual liability against individual defendant on an "account stated" theory.
(2011 Appellate Division, Second Dept)

Successfully won appeal and reversed trial court decision on appeal, which had awarded judgment ($24,000) in favor of home contractor.
(2008 Appellate Division, Second Dept.)

Successfully won appeal concerning unemployment benefits received ($10,000) by claimant.
(2005 Appellate Div, Third Dept)

Successfully won appeal and reversed judgment for warrant of eviction for failure to establish landlord-tenant relationship.
(2013 Appellate Division, Second Dept)

Successfully won appeal and reversed defendant's motion to deny motion to vacate judgment based upon failure to properly serve the defendant.
(2013 Appellate Division, Second Dept)

235 MAIN STRET
WHITE PLAIN, NY 10601
914 686-5042