May 3, 2017
On April 24, James Misiano argued a case before the Federal Court of Appeals for the Second Circuit – Green Tree Servicing vs. Christodoulakis. His clients, Christodoulakis, were sued in Federal District court by Green Tree for unjust enrichment of a sum of $295,000.
“The case was a true David versus Goliath case and was hotly contested,” said Misiano.
Misiano raised the defenses of Standing (Green Tree was not the real party in interest) and the measure of damages – if unjust enrichment were to be declared occurred – was a much lower figure. His motions were denied and basically lost at every battle in the lower court. However, Misiano appealed the decision for a money judgment of $295,000 plus interest.
The three judge Appellate court, after reading Misiano’s extensive brief and hearing argument, decided in his favor in that the measure of damages was indeed incorrectly assessed and lowered the judgment to $106,500 – saving the client quite a bit of money.
“This was an exciting experience for me,” said Misiano. “I traveled to downtown Manhattan where the court sits and was grilled with questions concerning the case by the panel of judges. It brought me back to my law school days when every day a professor challenged your logic. While I have argued cases before NYS Appellate division, this was my first Federal Appeal and I’m glad I persisted.”