Robert J. Malatak

Partner

Robert represents corporate entities, financial institutions, unsecured creditor committees and trustees in a wide range of complex commercial disputes in federal, state and bankruptcy courts throughout the country. He has litigated, arbitrated and mediated issues involving bankruptcy, business torts, commercial leases, contracts (including complex credit agreements), employment, insurance, securities, and trusts and estates. Prior to attending law school, Robert became a Certified Public Accountant and worked for a “Big Four” international accounting firm, where he conducted audits of a major financial institution and provided tax advice to the firm’s corporate clients.

Selected Cases:

  • FBI Wind Down Inc. Liquidating Trust v. Heritage Home Group, LLC, Adv. Pro. No. 15-51899 (CSS), aff'd 16-cv-00834 (SLR) (D.Del), aff'd No. 17-2315 (3d Cir. 2018) (defeated defendant's motion to compel arbitration concerning a post-closing reconciliation dispute arising from the $280 million sale, pursuant to Bankruptcy Code §363, of debtor's assets).
  • Stout Street Fund I, L.P. v. Halifax Group, LLC, et al., 48 N.Y.S.3d 438 (1st Dept. 2017) & 48 N.Y.S.3d 443 (1st Dept. 2017) (DLJ Mortgage Capital, Inc.'s actual and constructive fraudulent conveyance affirmative defenses/counterclaims sufficiently pled and plaintiff's summary judgment motion improperly granted in connection with the fraudulent conveyance of seven properties and related mortgages).
  • Kassover v. Prism Ventures Partners, LLC, et al., Index No. 602434/2005, slip op. (Sup. Ct., New York County 2017) (order issued, over competing judgment creditor's objection, granting turnover of Florida based judgment debtor's interests in numerous limited liability companies to New York County Sheriff).
  • Bank of Hope f/k/a BBCN Bank v. Nuvico, Inc., et al., Index No. 654577/2016, slip op. (Sup. Ct., New York County 2016) (summary judgment in lieu of complaint granted in connection with $3.3 million in aggregate loans).
  • Valley National Bank v. Cort & Medas Associates, LLC, Index No. 509326/15, slip op. (Sup. Ct., Kings County 2016) (summary judgment granted and order of reference entered on commercial mortgage loan foreclosure claims).
  • Wells Fargo Bank N.A., as Trustee v. Sovereign Bank, N.A., 13 Civ. 1222 (NRB) & 13 Civ. 4313 (NRB), 2014 U.S. Dist. LEXIS 125274 (S.D.N.Y. Sept. 9, 2014) (secured judgment of dismissal and summary judgment in favor of originator/seller of a $1 billion commercial mortgage portfolio).
  • DLJ Mortgage Capital, Inc. v. Kontogiannis, et al., 973 N.Y.S.2d 160 (1st Dept. 2013) (represented purchaser of mortgages in securing provisional remedies and $65 million judgment, and defeating competing creditors in judgment enforcement priority dispute).
  • The Responsible Person of Musicland Holding Corp. v. Best Buy Co., Inc. (In re Musicland Corp.), 398 B.R. 761 (S.D.N.Y. 2008) (represented unsecured creditors’ interests in director and officer breach of fiduciary duty, fraudulent conveyance and preference dispute ending in favorable settlement mid-trial).
  • In the Matter of the Application to Vacate the Decree Admitting to Probate the Last Will and Testament of Romaine Efros, 859 N.Y.S.2d 902 (Sur. Ct., New York County 2008) (decree vacated based upon undue influence).
  • Spectra Sec. Software, Inc. v. MuniBEX.com, Inc., Index No. 604992/01, slip op. (1st Dept. 2003) (alter ego and fraudulent misrepresentation claims dismissed).

Presentations:

  • The Demand Letter: Making Your Demand Stand
  • Avoiding Email Pitfalls

While attending St. John's University School of Law, he was Assistant Editor of the Law Review.



Robert J. Malatak

ROBERT J. MALATAK
CONTACT | DOWNLOAD VCARD

New York, NY
T. 212.237.1034
F. 212.262.1215

PRACTICES
EDUCATION
  • J.D., St. John's University School of Law, 1994
  • B.A., Accounting, Queens College of the City University of New York, 1989

ADMISSIONS
  • New Jersey
  • New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States Court of Appeals for the Third Circuit