Clausen Miller Obtains Summary Judgment From Trump Trial Judge
Clausen Miller partner Matthew Van Dusen and associate Lisa Doolittle recently won summary judgment from Honorable Arthur Engoron, the now nationally known judge presiding over the Trump civil trial in New York. Our case involves a real estate transaction. We defended the real estate broker (Verus), who was third-partied into the matter by defendant pro se Robert Adelman (Adelman), the individual who hired Verus to facilitate the sale of his property. We moved for summary judgment, arguing that Verus used its “best efforts” to sell the subject property, pursuant to the Exclusive Right to Sell Agreement between Adelman and Verus. We argued that Verus followed through on the terms of the Agreement by finding multiple potential buyers, and that the subject transaction’s failure was not the fault of Verus, but due to the repeated failures of disbarred co-defendant attorney Paul W. Frieary. Judge Engoron granted our motion and dismissed the third-party complaint of Adelman regarding all requests for punitive damages and all claims of negligence and intentional torts.