Anthony L. Cotroneo

Tony Cotroneo is a Partner in MKCI’s New York City office. His practice primarily involves commercial litigation, focused in the areas of banking law, commercial real estate, commercial workout and lender liability. Tony has successfully represented various national and state banks and lending institutions in cases involving, among other things, multi-million dollar defaulted commercial real estate and construction loans, commercial workout and restructuring, commercial foreclosures and recovery litigation, mortgage and real estate fraud schemes, UCC Article 3, 4, 4A and 9 issues, bond repurchase agreements and other municipal securities agreements, predatory lending, TILA and other lender liability litigation, check, wire transfer and banking fraud, bankruptcy and general banking defense litigation. Tony has also represented numerous banking clients in litigation concerning safe deposit boxes and safe deposit box rental agreements, and advises clients on compliance with banking law rules and regulations for safe deposit boxes.

In connection with his representation of major banks, Tony developed and coordinated a pilot program for a top five national bank to combat foreclosure stall tactics, misappropriation of rental proceeds, failure to pay real property taxes and fraud on multi-unit, income producing properties in New York City through the appointment of temporary rent receivers for the subject properties.

Tony also handles complex legal matters concerning enforcement of levies, garnishments, subpoenas and other legal process against banks and its depositors in New Jersey, and advises his banking clients on changes in the law in those areas. In a published New Jersey Appellate Division decision which was the subject of a N.J. Law Journal article, T&C Leasing, Inc. v. Wachovia Bank, N.A., 23 A.3d 440, 421 N.J. Super. 221 (2011), in a case of first impression which established that in New Jersey a bank has no obligation to restrain funds deposited in a judgment debtor’s account subsequent to a Sheriff’s levy against said account, Tony successfully argued that a creditor’s levy did not create a continuing lien against a bank customers’ account.

Some of the other significant cases Tony has handled include the following:

• 1861 Capital Master Fund, LP v. Wachovia Capital Markets, LLC,95 A.D. 3d 620, 944 N.Y.S.2d 121 (1st Dept. 2012), in which Tony successfully precluded plaintiff from utilizing its expert’s report to the extent that it set forth a new theory of damages, which prevented plaintiff from amending its damages claim from $1 million to $20 million damage claim at trial (resulting in a very favorable settlement for his client).
• Melnitzky v. Apple Savings Bank, 19 A.D.3d 252, (1^st Dept 2005), in which Tony successfully defended claims brought against defendant Bank by boxholder for alleged breach of fiduciary duty and conversion in the context of an alleged safe deposit box theft.
• Wells Fargo Bank, N.A. v. Elhadidi, 2017 WL 1533867, in which the New Jersey Appellate Division upheld the findings of the Court below granting summary judgment in favor of the bank and dismissing defendant’s counterclaims under the New Jersey Consumer Fraud Act and for negligent misrepresentation.
• Wells Fargo Bank, N.A. v. Bajana, 228 A.D.3d 526, 211 N.Y.S.3d 384 (1^st Dept. 2024), in which the Appellate Division, First Department unanimously reversed a ruling made by the Supreme Court, Bronx County and dismissed the defendant/borrowers’ counterclaims and affirmative defenses, including an affirmative defense premised on N.Y. RPAPL 1301 (codifying New York’s “election of remedies” rule), and entered judgment in favor of the bank.
• Wells Fargo Bank, N.A. v. Curtis, 2019 WL 4733056 (Sup. Ct., Suffolk Cty. 2020), in which Tony along with Pete Ragone was successful in striking the defendant’s answer and counterclaims by establishing the bank’s compliance with New York’s Real Property Actions and Proceedings Law §1304 in proving that the plaintiff bank served the required 90-day pre-foreclosure notices through the admission of business records pursuant to CPLR 4518.
• Wells Fargo Bank, N.A. v. Feingold, 2020 WL 7681022 (Sup. Ct., Suffolk Cty. 2020), in which Tony along with Pete Ragone obtained the dismissal of multiple lender liability and other borrower counterclaims, including for alleged TILA, RESPA and FDCPA violations.

Tony obtained his Juris Doctor degree from the Fordham University School of Law, where he was a senior editor of the Fordham University International Law Journal. He received his Bachelor of Arts degree in History from The Johns Hopkins University.