Aryana P. Badery

Experience

Aryana Badery represents national corporate entities, financial institutions, and individuals in a wide range of commercial disputes. Her practice spans all stages of complex civil litigation in state, federal, and bankruptcy courts, as well as alternative dispute resolution.

Aryana has extensive experience handling various complex matters, including litigating and mediating issues involving contracts, commercial leases, business torts, loan workout and foreclosure matters, bankruptcy, creditor rights, partnership disputes, shareholder derivative suits, director and officer litigation, fraud and RICO litigation, and trusts and estates. She is also highly skilled in post-judgment litigation, including enforcing judgments against judgment debtors in New York, New Jersey, and internationally.

Prior to joining the firm, she served as Judicial Law Clerk to the Honorable Randal C. Chiocca, P.J.Ch., Presiding Judge for the Superior Court of New Jersey, Chancery Division, where she also served as a court-appointed mediator on landlord-tenant and small claims matters. Before attending law school, Aryana advised clients on risk and regulatory compliance across financial products and transactions in Southern California’s financial district bringing unique business acumen to her litigation practice.

Aryana serves on the firm’s Artificial Intelligence (AI) Committee. She is fluent in Farsi and conversational in Hindi, Urdu, and Spanish.

Representative Matters

• Wagner Holding Corp. v. Invision Funding, LLC, 2021 U.S. Dist. LEXIS 242081 (D.N.J. Dec. 20, 2021) Successfully obtained transfer of a federal civil action from the District of New Jersey to the United States District Court for the Eastern District of Virginia by enforcing a mandatory forum-selection clause in a series of cash advance agreements, defeating plaintiff’s attempt to litigate claims for fraud, consumer protection violations, and breach of contract in New Jersey. The court’s analysis and decision granting venue transfer under 28 U.S.C. § 1404(a) was cited in Federal Practice and Procedure—the leading treatise on federal civil procedure—for the proposition that the transferee court will not apply the transferor court’s choice-of-law rules when enforcing a valid forum selection clause. See 15 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3846 (4th ed. May 21, 2025 update).
• In re Matter of the Henry Thompson Jr. Tr., No. C-20-00753 (N.J. Super. Ct. Ch. Div. Mercer Cty. 2021) Achieved a significant victory on behalf of a beneficiary of a revocable family trust in a complex probate litigation involving the improper inter vivos transfer of New Jersey real property valued at over $750,000.00. Successfully obtained partial summary judgment voiding the deed transfer by demonstrating that the transferor failed to comply with the trust’s mandatory gifting provisions governed by California law.
• In re Estate of Margaret A. Cashman, No. P-563-19 (N.J. Super. Ct. Ch. Div. Bergen Cty. 2021); and In re Margaret A. Cashman Revocable Living Tr., dated July 20, 2017, No. P-564-19 (N.J. Super. Ct. Ch. Div. Bergen Cty. 2021) Successfully mediated and secured a favorable settlement totaling over $570,000.00, plus significant future recovery from the US 9/11 Victims Fund, in two complex, multi-party trust and estate litigations involving double undue influence.
• In re Estate of Koichi Mera, No. C-19-01905 (N.J. Super. Ct. Ch. Div. Mercer Cty. 2021) Secured a consent judgment preserving the integrity of the decedent’s last will and protecting heir’s remaining beneficial interest in complex estate litigation involving undue influence, unjust enrichment, misappropriation, conversion, and intentional interference of expected inheritance.
• Wagner Holding Corp. v. Invision Funding, LLC, et al., No. 1:21-cv-1411 (LMB/JFA) (E.D. Va. April 8, 2022) Successfully defended against a federal civil action involving complex commercial receivables purchase agreements, obtaining dismissal with prejudice of all claims under Rule 12(b)(6), including fraud, New Jersey Consumer Fraud Act (NJCFA) violations, breach of contract, and related torts. Demonstrated that Virginia law applied under an enforceable choice-of-law provision and that the agreements were not usurious loans under either Virginia or New Jersey law, securing judgment and achieving a complete victory vindicating defendants’ contractual and legal positions.
• Cascade Funding Mortg. Trust 2017-1 v. Williams, 2022 N.Y. Misc. LEXIS 74925 (Sup. Ct., Kings Cty. August 16, 2022) aff’d, No. 2022-08537 (2d Dep’t December 13, 2023) Secured judgment of foreclosure and sale on behalf of plaintiff bank in a reverse mortgage foreclosure action and successfully defended against state appeal and to stay enforcement of the judgment pending appeal, resulting in affirming the lower court’s grant of summary judgment, dismissal of counterclaims and affirmative defenses, and subsequent foreclosure of residential property at public auction.
• Matter of Williams v. Partnow, 209 A.D.3d 1033 (2d Dep’t. 2022) Successfully defended against an Article 78 proceeding for a writ of mandamus and writ of prohibition, resulting in dismissal of the petition, with the decision later cited in two separate sections of the authoritative legal treatise Carmody-Wait 2d New York Practice with Forms, for its discussion on the standard of review in administrative determinations, including the availability of prohibition remedy and the requirement to establish a clear legal right to relief. See 24 Carmody-Wait 2d § 145:130 and 24A Carmody-Wait 2d § 145:853.
• Cascade Funding Mortg. Tr. 2017-1 v. Williams, 2023 N.Y. Misc. LEXIS 50823 (Sup. Ct. Kings Cty. Mar. 13, 2023) Successfully represented plaintiff Bank in a contested attorney fee hearing, resulting in a court-awarded judgment of $182,828.95 in legal fees and disbursements.
• 922 RVD, LLC v. BC Int’l Grp., Inc., No. PAS-3678-20, slip op. (N.J. Super. St. Passaic Cty.), aff’d, 2024 N.J. Super. Unpub. LEXIS 1695 (App. Div. July 17, 2024) Successfully defended a state civil litigation concerning commercial property lease, obtaining summary judgment and dismissal of plaintiffs’ claims, defeating allegations of breach of lease, breach of implied covenant of good faith and fair dealing, fraudulent misrepresentation, and tortious interference with prospective economic advantage, and securing recovery of defendant’s security deposit, utility payments, and an award of over $205,000.00 in attorneys’ fees. Successfully secured affirmance of summary judgment and dismissal of plaintiff’s claims with prejudice, but remanded for further findings on award of attorneys' fees, ultimately resulting in a favorable settlement of attorneys’ fees in defendant’s favor.
• Strategic Funding Source, Inc. v. Tile New York, slip op., No. 614482/2024 (Sup. Ct. Albany Cty. 2024) Successfully secured summary judgment against a cross-motion to vacate a confession of judgment as void, by defeating defendants' subject matter jurisdictional challenges.
• Strategic Funding Source, Inc. v. Capital Siding & Constr. LLC, 2025 N.Y. Misc. LEXIS 3420 (Sup. Ct. Albany Cty. Feb. 27, 2025) Secured summary judgment domesticating a foreign judgment in New York by defeating defendants’ personal jurisdiction challenges.
• NYS Pool Mgmt. Co. Of LI, Inc. v. Kapitus Servicing, Inc., slip op., No. 624087/2024 (Sup. Ct., Suffolk Cty. 2025) Secured a significant victory for Kapitus Servicing, Inc. in an unprecedented area of law by successfully defending against a petition seeking to apply New York's Separate Entity Rule (SER) to block a Virginia garnishment and compel restitution of funds, resulting in dismissal of the petition and affirmance that New York's SER was inapplicable to the out-of-state garnishment.

Academia

While in law school, Aryana received a CALI Award in Securities Regulation and served as President of the Muslim Students Law Society.

At the University of California, Riverside, she majored in political science and served as founder and president of the Afghan Student Association.

Memberships

• New York City Bar Association
• New York State Bar Association
• New Jersey State Bar Association
• International Association of Privacy Professionals