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jsharrow@mosessinger.com
T: (212) 554-7809 F: (917) 206-4309 Joel David Sharrow had been a partner at Moses & Singer from 1994 to 2006. He now is of counsel to the firm. He has extensive experience in the enforcement of creditors’ rights and the representation of institutions and individuals in the fields of creditors’ rights, real estate, banking and financing transactions. Mr. Sharrow has appeared on behalf of many of the largest banking institutions in the country and has represented book publishers in several litigations.
Mr. Sharrow was the lead counsel representing the residential cooperative’s board of directors in Levandusky v. One Fifth Avenue Apt. Corp., which established an analog to the “Business Judgment Rule” to be applied when reviewing the actions of its board of directors; and, the lead counsel on the lender’s behalf in Bankers Trust Company v. Board of Managers of Park 900 Condominium, in which the Court held that, in a residential condominium, a first mortgage of record has priority over subsequently recorded liens for unpaid common charges. Mr. Sharrow also was the lead counsel for the bank, in European American Bank v. Village Square Associates, L.P., in which case a series of different loans were consolidated and foreclosed as a single mortgage loan.
Mr. Sharrow also represents individuals in the resolution of disputes involving real estate, general commercial matters, and matrimonial and family law issues.
A few representative matters that Mr. Sharrow has handled include:
- Lead counsel for an estate's heirs in Yannitelli v. D. Yannitelli & Sons, Inc., where the Appellate Division affirmed an Order compelling the heirs' counsel to turn over all of the proceeds of a wrongful death action, forfeiting a sizable contingency fee due to violations of the Code of Professional Responsibility, and foregoing 2/3 of claimed disbursements on the grounds of unsubstantiated, exaggeration or legally not chargeable to the heirs.
- Lead counsel for a confirming bank in Woodhouse, Drake & Carey v. P.T. Djudjur Jakarta, N.Y. Co. Clerk's Index No. 28399/86, successfully applying the tolling doctorine of First Nat'l Stores v. Yellowstone Shopping Center, 21 NY2d 630 (1968), to toll expiration of a cure period to correct defects in documents presented under the UC & P in an action seeking final payment under a letter of credit.
- Lead counsel for the lender in European American Bank v. Romex Diamonds, N.Y. Co. Clerk's Index No. 23815/85, applying for, obtaining and executing upon an ex parte order of seizure in just five (5) hours.
EDUCATION
- Boston University School of Law, J.D., magna cum laude, 1971
- State University of New York at Albany, B.A., 1968
LAW SCHOOL ACTIVITIES/HONORS
- Board of Editors, Boston University Law Review, 1970-1971
ARTICLES
- "Foreclosing Mortgages on Multiple Parcels Securing a Single Debt," New York State Bar Association Journal, September 2011.
- "CPLR § 6501 in Mortgage Foreclosure Actions and RPL § 290 Short-Term Leases," New York Real Estate Law Reporter
, May 2009
- "EMC’ Clear on Right to Redeem After Sale," "Letters to the Editor" New York Law Journal, November 2008.
- "The Equitable Mortgage: Its Creation, Enforceability and Lien Priority," New York Real Property Law Journal, May 2006.
- "A Possible Need To Amend CPLR 6501," New York Real Estate Law Reporter, October 2005.
- "The Powerful Impact of the Non-Foreclosure Notice of Pendency," New York Real Estate Law Reporter
, July 2004
- "Notice of Pendency in Courts Again," New York Law Journal, April 2004.
- "Condominium Liens and the Priority of a Consolidated First Mortgage-Revisited," NYSBA New York Real Property Law Journal, March 2004.
- "Condominium Act Economic Necessity of Lien Priority of First Mortgages," New York Law Journal, April 1994.
PRESENTATIONS
- "Changes In Residential Mortgage - and Security Interest - Foreclosures; ‘MERS’ Issues," General Practice Session, New York State Bar Association Annual Convention, January 2010
- "New York’s New Power of Attorney Statute: What Every Attorney Should Know"; CLE Lecture, Moses & Singer LLP, August 2009
- "Stages Of A RPAPL Art. 13 Litigated Mortgage Foreclosure Action"; General Practice Session, New York State Bar Association Annual Meeting, January 2009
- "Recent Changes to New York Summary Judgment Law: CPLR 3212"; CLE Lecture, Moses & Singer LLP, May 2008
PROFESSIONAL AFFILIATIONS
- CPLR Article 65 Re-Draft Sub-Committee
- New York State Bar Association, Committee on Civil Practice Law and Rules
- New York State Bar Association, Real Property Law Section
- New York State Bar Association, Senior Lawyers Section
- New York State Bar Association, Condominiums and Cooperatives Section
BAR/COURT ADMISSIONS
- New York, 1972
- U.S. District Court, Southern and Eastern Districts of New York, 1972
- U.S. Court of Appeals, Second Circuit, 1972
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