Andrew Miller

Andrew Miller is Of Counsel in MKCI’s New York City office. His practice primarily focuses on commercial, banking and insurance litigation. In his banking practice, Andrew has successfully represented numerous national banks and lending institutions in cases concerning multi-million dollar defaulted commercial real estate and construction loans, real estate fraud schemes, claimed predatory lending and claimed lender liability litigation involving both federal and state statutes. Andrew’s insurance practice involves claim investigation and litigation in the context of fidelity insurance, property insurance and subrogation.

Andrew has experience in all stages of litigation, including claim investigation, written discovery, mediation and motion practice. He is proficient at legal research, writing and oral advocacy and is passionate about utilizing those skills to obtain the best results for his clients.

Andrew has represented banks and insurance companies in various reported cases, including:

• Wells Fargo Bank, N.A. v. Bajana, 228 A.D.3d 526 (1st Dep’t 2024), in which the Appellate Division, First Department unanimously reversed a ruling made by the Supreme Court, Bronx County and granted the bank summary judgment on two defaulted promissory notes, while also dismissing the borrowers’ counterclaims and affirmative defenses, including defenses alleging violation of both New York and Florida law.
• XL Specialty Insurance Co. v. Christie’s Fine Art Storage Services, Inc., 137 A.D.3d 563 (1st Dep’t 2016), in which the Appellate Division, First Department held that the waiver of subrogation clause the Supreme Court, New York County relied on in dismissing the insurer’s subrogation complaint was unenforceable under UCC § 7-204.
• Wells Fargo Bank, N.A. v. Walter Curtis, 2019 WL 4733056 (Sup. Ct. Suffolk Cty. 2019), in which the Court granted the bank’s motion for summary judgment and denied the defendant borrower’s cross-motion for summary judgment, holding that the bank fully complied with RPAPL § 1304.
• Wells Fargo Bank, N.A. v. Susan Feingold, 2020 WL 7681022 (Sup. Ct. Suffolk Cty. 2020), in which the Court granted the bank’s motion for summary judgment and denied the defendant borrower’s cross-motion for summary judgment, dismissing affirmative defenses and counterclaims alleging, among other things, predatory lending, as well as violations of the Real Estate Settlement Procedures Act, the Truth in Lending Act and the Fair Debt Collection Act.

Andrew was selected to the Super Lawyers New York Metro Rising Stars list for the years 2018 through 2024.

Outside of work, Andrew can often be found at one of Fairfield County Connecticut’s beautiful parks or playhouses with his wife and two young sons. Occasionally, his sons even allow him to change the channel on the family TV from Paw Patrol to MSG so that he can watch his beloved New York Knicks.

Andrew earned his Juris Doctor degree from the George Washington University Law School, where he graduated With Honors, and was a member of The George Washington International Law Review and a contributor to the Guide to International Legal Research. During the summer of 2010, Andrew completed a judicial internship in the United States District Court for the Eastern District of New York for the Honorable Raymond J. Dearie, Chief Judge. He earned a Bachelor of Arts degree in Political Science from Lehigh University, graduating with Highest Honors. He also earned a Master of Arts in Political Science from Lehigh University, where he was named a “President’s Scholar” and awarded a full tuition scholarship.