Westchester County Supreme Court Dismisses Challenge to Firm Client’s Land Use Approvals
In an Article 78 proceeding brought to challenge the extension of site plan approval and associated environmental review for the Firm Client’s new mixed-use residential/commercial project, the Westchester County Supreme Court denied the petition and dismissed the proceeding on motion based on petitioner’s lack of standing. In his Decision and Order, Judge Robert A. Neary, J.S.C. held that “Petitioner’s connection to the proposed project provides an insufficient basis to convey standing or to demonstrate that he would suffer an injury-in-fact or one that would fall within the zone of interest sought to be protected by the statutory provisions under which […]
Magistrate Judge McCarthy Terminates Federal Court Action Based on Lack of Diversity Jurisdiction and Remands to State Court
In a shareholder derivative action commenced by a Connecticut Plaintiff in New York State Court, Defendants (New York residents) removed the case to Federal Court on the basis of diversity jurisdiction. Defendants aligned the New York corporation at issue on their side of the caption for diversity purposes given that one of the Defendants managed the corporation, and therefore the corporation was allegedly “actively antagonistic” to the Plaintiff’s interests. In Federal Court, the Defendants obtained favorable rulings over the course of several years. On the eve of trial, Plaintiff moved to terminate the case in Federal Court based on a lack of diversity jurisdiction. Despite […]
Westchester County Court Upholds Indemnification Action Commenced by Firm’s Client
In a case seeking contractual indemnification pursuant to the terms of an agency agreement, the defendants attempted to dismiss the case, arguing the agreement’s indemnification provision was vague and did not prescribe the broad duties they were being asked to fulfill by the plaintiff. The Supreme Court of Westchester County, however, sided with the Firm’s client and denied the motion to dismiss. The Court rejected the defendants’ argument that the indemnification provision did not clearly indicate a definitive intention to indemnify due to its failure to specify the precise nature of defendants’ actual indemnification obligations. Eric J. Mandell represented the […]
New York County Commercial Division Grants Partial Summary Judgment to Firm’s Client
In an action for an accounting, breach of contract, and breach of fiduciary duty involving an affordable housing joint venture, the New York County Commercial Division, Hon. David B. Cohen, granted partial summary judgment to the Firm’s client on his claim that former partners breached the venture’s LLC operating agreements by wrongfully amending them to his financial detriment. In his Decision and Order, Judge Cohen held that the amendments were not justified by the business judgment rule, and denied a motion by the former partners for summary judgment dismissing the Complaint. Peter S. Dawson handled the matter for the Firm’s […]
Second Department Reaches the Merits of a Claim Title to Quiet in Case Involving a $34 million Property in Long Island City, Queens
On consolidated appeals in an action for breach of contract, fraud, constructive trust, and a declaratory judgment in connection with a dispute over title to a development property in Long Island City, Queens, the Second Department reached the merits for the Firm’s client in Olden Group, LLC v. 2890 Review Equity, LLC, al., 209 A.D.3d 748 (2d Dep’t. 2022). Modifying the Lower Court, the Appellate Division determined that the Firm established on behalf of its client that the Plaintiff failed to exercise the purported option to purchase the property that it sought to enforce, and that as a result, any option […]
JP Morgan Chase Bank, N.A. v. Banilivy, et al (Nassau County Supreme Index Number 3582/2017)
We represent current owners and mortgagee of real property located in Great Neck, New York. By Order to Show Cause, we successfully secured a temporary restraining order staying a foreclosure sale of the property in a foreclosure proceeding commenced by the prior owner’s mortgagee. The grant of the temporary restraining order was based on our argument concerning statute of limitations issues and whether the prior mortgagee timely sought vacature of a September 1, 2006 Satisfaction of Mortgage of the mortgage that it subsequently sought to foreclosure. We also sought leave to intervene on behalf of current owner and lender and […]
Federal National Mortgage Association v. McClure, et al (Queens County Supreme Court- Index Number 7004006/2021)
We represented the current mortgagee of real property in Queens, New York. Plaintiff, a prior mortgagee, commenced this action seeking declaratory judgment directing the City Register to record a copy of an unrecorded June 1, 2009 mortgage, nunc pro tunc and for a determination that such mortgage had priority over the mortgage lien of our client. The Court issued its Decision and Order granting our motion to dismiss Plaintiff’s Complaint based upon the expiration of the applicable statute of limitations.
Radparver v. Vitucci, et al (Appellate Division, First Department- Docket Number 2021-02911)
We represent current mortgage of real property located in Bronx, New York. Plaintiff commenced this action seeking, among other things, an Order declaring our client’s mortgage to be null and void, or alternatively, subordinate to Plaintiff’s interest in the subject property. Following denial of our motion for summary judgment by the lower court, we filed an appeal to the Appellate Division, First Department. The Appellate Division reversed the lower court and declared our client to be the holder of a valid first mortgage lien encumbering the property and that plaintiff had no right, title or interest in such real property.