David Yohay

Counsel

Representative Matters

Mortgage Foreclosure

  • Secured appellate affirmance of an order denying the borrower’s motion to vacate a prior order restoring the foreclosure action to the active calendar and to dismiss the foreclosure complaint insofar as asserted against him as time-barred. (Wells Fargo Bank, N.A. v Laporte, 235 AD3d 936 [2d Dept 2025])
  • Obtained full-debt payoff of commercial mortgage loan at foreclosure sale held less than one year after commencement of foreclosure action. (Cathay Bank v R46 LLC (Sup Ct, Queens County, Index No. 703933/2024, Feb. 7, 2025)
  • Achieved appellate reversal of an order sua sponte dismissing the foreclosure complaint based on the lender’s alleged failure to comply with a status conference order. (U.S. Bank N.A. v Narain, 223 AD3d 853 [2d Dept 2024])
  •  Won appellate reversal of an order sua sponte dismissing the foreclosure complaint pursuant to CPLR 3215(c). (Deutsche Bank Natl. Trust Co. v Campbell, 219 AD3d 701 [2d Dept 2023])
  •  Prevailed on appeal, obtaining affirmance of an order denying the titleholder’s motion to vacate the judgment of foreclosure and sale and to dismiss the foreclosure complaint as time-barred. (Deutsche Bank Natl. Trust Co. v Neuman, 214 AD3d 952 [2d Dept 2023])
  •  Successfully dismissed a tenant’s claims challenging the validity of a foreclosure sale. (Maucha v Bank of New York Mellon as Trustee for CWHEQ Revolving Home Equity Loan Trust, Series 2007‑E, 2023 WL 348348 [SD NY 2023])
  • Defended appellate affirmance of an order denying the borrower’s motion to dismiss the foreclosure complaint for lack of personal jurisdiction based on improper service of process. (U.S. Bank N.A. v Hawthorne, 207 AD3d 590 [2d Dept 2022])
  • Upheld on appeal an order granting the lender’s motion to lift the stay of a foreclosure sale. (HSBC Bank USA, N.A. v Sage, 196 AD3d 1016 [3d Dept 2021])
  •  Secured dismissal of borrowers’ appeal from an order denying their motion for a preliminary injunction and granting the lender’s cross‑motion to dismiss the complaint. (Helm v PHH Mtge. Corp., 193 AD3d 420 [1st Dept 2021])

Quiet Title

  • Obtained reversal on appeal of a quiet title judgment that improperly prioritized a competing lienholder’s money judgment over the lender’s mortgage. (Baldeo v HSBC Bank USA, N.A., 229 AD3d 591 [2d Dept 2024])
  • Successfully moved to dismiss a foreclosure purchaser’s RPAPL 1501(4) quiet title action seeking cancellation and discharge of the lender’s mortgage. (East Fork Funding, LLC v Deutsche Bank Natl. Trust Co. as Trustee for Certificate Holders for Argent Sec. Inc., Asset Backed Certificates, Series 2006‑1, 729 F Supp 3d 346 [ED NY 2024])
  •  Defended appellate affirmance of an order dismissing the borrower’s RPAPL 1501(4) quiet title action to cancel and discharge the lender’s mortgage. (Hawthorne v New Century Mtge. Corp., 207 AD3d 528 [2d Dept 2022])

Consumer Lending / Protection

  •  Obtained summary judgment dismissing a borrower’s claim alleging failure to provide notice of mortgage transfer in violation of the Truth in Lending Act, 15 U.S.C. § 1641(g). (Sage v HSBC Bank USA N.A. as Trustee for Ace Sec. Corp., Home Equity Loan Trust Series 2006‑0P2 Asset‑Backed Pass‑Through Certificates, 2021 WL 1062590 [ND NY 2021])
  • Biography
  • Representative Matters
  • Featured Works

Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Events
    The 2026 Economic, Tax, and Accounting Updates
    We are looking forward to the Mid-Atlantic CFO Roundtable's next event on November 13, 2026. This is a program with topics built for Finance Executives. We are extremely fortunate to have three excellent speakers: Dr. Daraius Irani, Vice President of Business and Public Engagement at Towson University; Mike Stankus, Tax Office Managing Principal at BDO; and Daniel Wahlberg, Managing Partner of Acclare Solutions. The economy is rapidly changing with various factors driving it. The November 3rd midterm elections may also have an impact. Our three expert presenters will discuss the ramifications of the election, and the current year updates to GAAP financial reporting and Federal and State income taxes. Please join us for what will surely be an informative and timely discussion. Meet Our Speakers: Daraius Irani, Ph.D. • Towson University Vice President, Business & Public Engagement Dr. Daraius Irani serves as Vice President of Business and Public Engagement at Towson University as well as the chief economist for the Regional Economic Studies Institute (RESI) at Towson University, a policy group providing economic, fiscal impact, and policy analysis to public and private entities.  Dr. Irani is often called upon to provide economic presentations to organizations across Maryland. He has appeared on numerous television programs and in local and regional print media. Dr. Irani holds a Ph.D. in economics from University of California, Santa Barbara. Dan Wahlberg • Acclare Solutions Managing Partner With over 28 years of experience, Dan Wahlberg is a recognized leader in audit and assurance for the Mid-Atlantic’s middle market business community. As a licensed CPA in Maryland and Virginia, Dan has led assurance practices at top regional firms, including serving as Baltimore Audit Managing Partner and Assurance Practice Leader at BDO USA in Baltimore and as Partner and member of the Management Committee at Hertzbach & Company P.A which merged into BDO in 2020. His expertise centers on delivering clarity, strategic guidance, and proactive solutions to middle-market businesses across Baltimore and beyond. His entrepreneurial spirit has led him to begin a new CPA firm this year with four other CPAs serving the business community. Dan holds a Bachelor of Science in Accounting from Rutgers University and began his career at PWC in New York. He is also deeply engaged in the community, previously serving as President of ACG Maryland and current Board member and as Audit Committee Member for The Associated: Jewish Federation of Baltimore.  Mike Stankus • BDO USA LLP Tax Office Managing Principal Mike Stankus is the Tax Office Managing Principal for the firm’s Baltimore office. He has more than 16 years of experience providing tax planning and preparation and management advisory services for his clients. Mike focuses on advising privately held businesses and their owners on effective growth and tax strategies. He also performs various engagements for mergers and acquisitions and complex cost accounting projects and projections. In addition, he represents various government contracting clients before the DCAA and assists with FAR compliance. Mike’s areas of concentration include working with government contractors, professional service firms, construction companies, and homebuilders.