Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Yany's Garden LLC v. City of New York

Limitation Period for §1983 Notice Claim Over Parcel's Foreclosure Began in June 2011

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER   Plaintiffs Yany’s Garden LLC and Narul Tony Hack are the successive owners of a property located at 152-31 14th Road in Whitestone, New York (the “property”).1 After the City of New York condemned the property and levied a tax lien against it, they filed this action together in May 2018, alleging violations of 42 U.S.C. §1983 and various New York state laws. Plaintiffs amended their complaint in November 2018. On January 15, 2020, Judge Nicholas Garaufis2 granted a motion to dismiss certain defendants from the case outright; as to other defendants, he granted the motion to dismiss in part and denied it in part.3 See Yany’s Garden LLC v. City of New York, No. 18-CV-2813, 2020 WL 224701, at *1 (E.D.N.Y. Jan. 15, 2020) (the “Order”). On January 29, 2020, Plaintiffs moved for reconsideration of the Order. They argue that the Order erred by (a) dismissing Plaintiffs’ Section 1983 claim on statute-of-limitations grounds, when the relevant limitations period should have been left to the jury to decide; and (b) relying on the Rooker-Feldman doctrine to dismiss Plaintiffs’ “illegal tax lien foreclosure” count. For the following reasons, the motion for reconsideration is denied. I. Background The Court assumes familiarity with the factual and procedural history set forth in the January 15, 2020 Order. Briefly, after Hack acquired the property — a vacant lot — in 2004, he began construction of a building. Am. Compl.

43-44. Construction ceased shortly thereafter and, the City determined, the construction zone remained in dangerous condition. See id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
General Counsel

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›
Insurance Coverage Associate

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›
Litigation Attorney -- New York

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements