Abrams Fensterman Secures Sweeping Litigation Victory in Multimillion-Dollar Property Dispute
Abrams Fensterman, LLP is proud to announce a comprehensive victory by its Litigation Practice Group, led by Melanie I. Wiener, Esq. and Sabrina DiStefano, Esq.,
on behalf of trustee defendants in a hard-fought Kings County Supreme Court trust and real property dispute.
Comprehensive Win
The firm defeated the plaintiff’s bid to block a $50 million property sale, consolidated related litigation, canceled an improperly filed notice of pendency, and secured a protective order and monetary sanctions against the plaintiff for vexatious litigation conduct.
Supreme Court Clears the Way for $50 Million Property Sale
In a pair of decisions issued June 11, 2026, issued by Hon. Richard Velasquez, Supreme Court, Kings County, the court denied the plaintiff’s motion for a preliminary injunction in its entirety and vacated the temporary restraining order that had threatened to derail a pending $50 million contract of sale for commercial property in Brooklyn.
The court found that the plaintiff failed to establish a probability of success on the merits, had not shown that his consent was required for the sale, and could not demonstrate irreparable harm, particularly where one-quarter of the net sale proceeds were already being held in escrow to protect his interests pending the outcome of the litigation.
The court further rejected the plaintiff’s argument that the property was being undervalued, crediting the defense’s critique of the plaintiff’s out-of-state appraisal and noting that the agreed sale price was consistent with an independent, court-ordered appraisal.
Consolidation, Cancellation of Notice of Pendency, and Sanctions Granted
In a companion decision issued the same day, the court granted the defendants’ order to show cause in its entirety, consolidating the action with a related case, canceling a successive notice of pendency the court found had been improperly filed by the plaintiff against the subject property, authorizing the property sale to proceed pursuant to the executed contract of sale, and issuing a protective order barring the plaintiff from commencing new actions, purchasing new index numbers, or filing further notices of pendency without prior leave of court.
The court also awarded the defendants $3,000 in attorney’s fees as a sanction for the improper filing of the notice of pendency.
A Multi-Year Trust and Estate Litigation`
The decisions cap more than three years of litigation arising from a family trust dispute, following related proceedings before the Kings County and Queens County Surrogate’s Courts. The rulings are another example of the firm’s Litigation Practice Group’s record of success in protecting clients’ interests in complex, multi-forum trust and commercial property disputes.
“We are pleased to announce a significant litigation victory on behalf of our clients, who had been required to defend numerous frivolous lawsuits over a period of more than three years. Our team worked tirelessly and strategically to resolve the disputes, resulting in a favorable outcome that ultimately enabled the commercial property to be sold pursuant to the contract of sale. This result reflects our unwavering commitment to our clients’ objectives, and we are proud to have achieved this outcome for them.”
— Melanie Wiener, Partner, Abrams Fensterman, LLP
About the Attorneys
Melanie I. Wiener
Melanie I. Wiener is a partner at Abrams Fensterman, LLP. Ms. Wiener is a member of the firm’s Commercial Litigation, Government Relations, and Insurance Defense Departments. She is a seasoned trial attorney who has taken numerous cases to verdict. Her practice focuses on negotiating and strategizing public policy on all levels of governance. She has successfully litigated numerous Article 78s and other public agency cases.
Ms. Wiener serves as the Manager of Litigation Operations for the firm’s Lake Success and Brooklyn offices, ensuring efficient coordination, case management, and support across multiple departments. In addition, Ms. Wiener oversees the firm’s Summer Law Clerk Program, shaping the training and mentorship of future attorneys.
Sabrina DiStefano
Sabrina DiStefano is an Associate at Abrams Fensterman, LLP and a member of the Commercial Litigation department working out of the firm’s Brooklyn office.
Ms. DiStefano earned her Juris Doctorate from the Maurice A. Deane School of Law at Hofstra University where she graduated cum laude and was an Articles Editor for the Journal of International Business and Law. While at Hofstra Ms. DiStefano participated in the Community and Economic Development Clinic. Ms. DiStefano received her undergraduate degree from SUNY New Paltz.
Prior to joining Abrams Fensterman, Ms. DiStefano interned at various firms focusing on the areas of Agency Lending, Real Estate, and Trusts & Estates.
Ms. DiStefano is admitted to practice in the State of New York and the State of New Jersey.
Trusts & Estates Litigation and Business & Commercial Litigation
For more information about our Trusts and Estates Litigation and Business and Commercial Litigation practices, please contact our law firm to schedule an initial consultation.
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