Becker & Poliakoff

Becker Prevails in Queens Waterfront Property Case

Becker Prevails in Queens Waterfront Property Case

After an eight-day trial, Becker Shareholder Glenn Spiegel, along with attorney Samantha Lesser, prevailed in a litigation over who owned certain waterfront property in Queens, New York. In the case, Gentile v. Spadaro (23982/09), the plaintiffs claimed that the defendants entered into an oral agreement to sell the property and that the closing took place on August 31, 2001.

The plaintiffs also claimed that the deed was never recorded as the result of an error by their attorney; however, they were never able to produce the original deed. A copy was produced, though a handwriting expert found that the defendant’s signature was a forgery and that the notary signature was problematic as well.

During the trial, Becker’s team was also able to establish that none of the plaintiffs’ witnesses were credible, especially in light of their conflicting testimony.

Accordingly, the Court found that the plaintiff failed to meet the burden of proof to establish that the evidence was reliable and accurate, and dismissed all causes of action.