Brian D. Rich and Michael S. Wrona recently obtained a defense verdict in an action arising out the alleged rendering of preservation services to a premises in delinquency. In Malick v. J.P. Morgan Chase Bank, 2016 WL 2858772 (D.Conn. May 16, 2016), the Court (Bryant, J.) entered a defense verdict on all counts following a bench trial. The plaintiff, a borrower, instituted an action against the bank asserting various claims related to damage that occurred to the plaintiff’s premises while the plaintiff served a more than three year term of incarceration. While the bank successfully moved to dismiss several of the plaintiff’s causes of action, claims of conversion, unfair collections practices, negligence, and unfair trade practices remained for trial. In entering judgment in favor of the bank on all counts, the Court found that the bank’s conduct, in attempting to preserve the premises after its abandonment by the plaintiff, was proper and was authorized under the terms of the mortgage.
Click here to read the Memorandum of Decision Following Bench Trial. It is currently pending appeal to the Second Circuit.