Adler v. Pollack Decision and Order

In a Decision and Order dated March 30, 2026, the New York State Supreme Court (Rockland County) addressed the aftermath of a failed real estate transaction between Plaintiff Bleema Adler and Defendants Mendel and Zipora Pollak. Our office represented the Defendants. The Court primarily focused on Plaintiff and her counsel’s bad faith actions, particularly regarding the filing of a Notice of Pendency (a legal notice of a pending lawsuit involving property). The Court found Plaintiff’s complaint lacked merit because a written amendment had already automatically terminated the contract of sale. Furthermore, Plaintiff improperly filed the Notice of Pendency because the complaint only sought money damages, not an interest in the property itself. The Court dismissed the complaint and canceled the Notice of Pendency. The Court addressed what financial cost should be imposed upon Plaintiff and Plaintiff’s counsel, who represented to the court that she had offered to cancel the Notice of Pendency, but failed to disclose she withdrew that offer less than an hour later – before any response was given. Plaintiff’s counsel also initially denied responsibility for filing the Notice of Pendency, despite the Notice bearing her signature and being filed from her NYSCEF account. The Court awarded Defendants a total of $17,328.94; $12,594.19 in legal fees and costs to reimburse Defendants for defending against the frivolous filing; and the Court held Plaintiff’s counsel and her law office jointly and severally liable for $3,500 of this money judgment as an award of costs for her conduct.

Decision and Order: https://fnmlawfirm.com/wp-content/uploads/Adler-v.-Pollak-Decision-and-Order.pdf