Case Digests

Avella v. City of New York, No. 54

Publication Date: 2017-06-06
Practice Area: Real Estate
Industry: Real Estate
Court: New York State, Court of Appeals
Judge: Judges Rivera, Stein, Fahey and Garcia concur. Chief Judge DiFiore dissents in an opinion.
Attorneys: For plaintiff: Caitlin J. Halligan, for appellants.
for defendant: Richard P. Dearing, for City respondents. John R. Low-Beer, for respondents Avella et al. Anisha Dasgupta, for amicus curiae Attorney General of the State of New York. Natural Resources Defense Council et al., amici curiae.
Case Number: No. 54

Development of Former Shea Stadium Site Must Be Authorized by State Legislature Under Public Trust Do

Mortgage Resolution v. JPMorgan Chase Bank, 15 Civ. 029

Publication Date: 2017-05-17
Practice Area: Real Estate | Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court, Southern District
Judge: Magistrate Judge James Francis IV
Attorneys: For plaintiff:
for defendant:
Case Number: 15 Civ. 0293 (LTS) (JCF)

One Eighteen Hous. Dev. Fund Inc. v. Smith, 64209/2016

Publication Date: 2017-05-12
Practice Area: Landlord Tenant Law | Real Estate
Industry: Real Estate | State and Local Government
Court: Civil Court, New York County
Judge: Judge Michael L. Weisberg
Attorneys: For plaintiff: For Petitioner: Sontag & Hyman, P.C., Roslyn Heights.
for defendant: For Respondent: Neighborhood Defender Service of Harlem, New York.
Case Number: 64209/2016

Holdover Petition Fails to State Causes Of Action Under Two of Three Lease Se

321 Bay Ridge Co. Inc., Petitioner v. Grace Priscilla Cordova, Respondent, L&T 92347/15

Publication Date: 2017-05-12
Practice Area: Landlord Tenant Law | Real Estate
Industry: Real Estate | State and Local Government
Court: Civil Court, Kings County, Housing Part P
Judge: Judge Cheryl Gonzales
Attorneys: For plaintiff:
for defendant:
Case Number: L&T 92347/15

Court Grants Tenant's Mid-Trial Motion for Directed Verdict in Landlord's Holdover Pro g Alleging Lease Violation, Overcrowding; Air Conditioner Removed From Fire Escape Window, Overcrowding Pr

Cayuga Indian Nation of New York v. Seneca County, 11-CV-6004

Publication Date: 2017-05-05
Practice Area: Litigation | Real Estate
Industry: Real Estate | State and Local Government
Court: U.S. District Court, Western District
Judge: District Judge Charles Siragusa
Attorneys: For plaintiff: For Plaintiff: Daniel J. French, Esq., Lee Alcott, Esq., French-Alcott, PLLC, Syracuse, NY.
for defendant: For Defendant: Brian Laudadio, Esq., Louis P. DiLorenzo, Esq., Mary P. Moore, Esq., Bond Schoeneck & King PLLC, Rochester, NY.
Case Number: 11-CV-6004 CJS

Judge Says Upstate County Cannot Tax Cayuga-Hel

United States v. Westchester County, 16 2540-cv

Publication Date: 2017-05-02
Practice Area: Civil Rights | Real Estate
Industry: Real Estate
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Calabresi, Chin, Lohier, Jr., C.JJ.
Attorneys: For plaintiff: For Plaintiff-Appellee: Benjamin H. Torrance, Assistant United States Attorney, on the brief, David J. Kennedy, Assistant United States Attorney, for Joon H. Kim, Acting United States Attorney for the Southern District of New York, New York, New York.
for defendant: For Defendant-Appellant: Linda M. Trentacoste, Associate County Attorney, Justin R. Adin, Senior Assistant County Attorney, and Allison E. Burke, Assistant County Attorney, on the brief, Robert F. Meehan, Westchester County Attorney, Westchester County Attorney, White Plains, New York. For Amicus Curiae Town of New Castle: Edward J. Phillips, Keane & Beane, P.C., White Plains, New York.
Case Number: 16 2540-cv(L)

Westchester Accused of 'Total Obstruction' of Affordable H

NBT Bank, N.A., Plaintiff v. Champlain Bluffs Development Corp., J. David Dame, Maureen V. Dame, Glens Falls National Bank and Trust Company and New York State Department of Taxation and Finance-Corporation Tax, Defendants, 2013-1891

Publication Date: 2017-04-28
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court, Clinton County
Judge: Justice Robert Muller
Attorneys: For plaintiff: For Plaintiff: Teresa M. Bennett and Antonio E. Caruso of counsel, Menter, Rudin & Trivelpiece, P.C., Syracuse.
for defendant: For Defendant J. David Dame: John F. Niles of counsel, Niles & Bracy, PLLC, Plattsburgh.
Case Number: 2013-1891

Reargument Denied in Action to Foreclose on, Subdivide Lake Champlain Site to Create 9 Waterfront Lots, Interior Lots; June 2, 2016, Determination Would Have Been Rendered Earlier if Defendant Dilig

205 Assoc, LLC, Petitioner v. James Roman, Respondent, 17750/16

Publication Date: 2017-04-20
Practice Area: Landlord Tenant Law | Real Estate
Industry: Real Estate
Court: Civil Court, Bronx County, Housing Part K
Judge: Judge Kimon Thermos
Attorneys: For plaintiff: Appearing for Petitioner: by Ivelina Buyuklieva, Esq., Lazarus Karp & Kalamotousakis LLP.
for defendant: Appearing for Respondent: by Eva Horowitz, Esq., BOOM! Health Legal Services.
Case Number: 17750/16

Tenant Should Be Allowed to Defend Landlord's New Claim Apartment Was Not Rent Regulated; Tenant Should Be Granted Discovery Into Calculations Bringing Apartment's Legal Regulated Rent Above $2,000

Sandra Gratton, Deborah M. McKown, John McKown, Ronald J. Potter, Plaintiffs v. Dawn R. Vadney, Defendant, CV14-0002

Publication Date: 2017-04-19
Practice Area: Civil Rights | Real Estate
Industry: State and Local Government
Court: Supreme Court, Essex County
Judge: Justice Robert Muller
Attorneys: For plaintiff: For Plaintiffs: Hilary D. Rogers of counsel, Whitson, Rogers & Tansey, Elizabethtown.
for defendant: For Defendant: Scott W. Bush of counsel, Corrigan, McCoy & Bush, PLLC, Rensselaer.
Case Number: CV14-0002

Malicious Prosecution, Abuse of Process Claims Arising From Accusatory Instruments Charging Removal of Licensed Land Surveyor's Posts From Defendant's Property Are Dismissed; Presumption of Probabl

MLF3 Jagger v. Kempton, 613564/2015E

Publication Date: 2017-04-12
Practice Area: Real Estate
Industry: Real Estate | Financial Services and Banking
Court: Supreme Court, Suffolk County
Judge: Justice James Hudson
Attorneys: For plaintiff: Attorneys for Plaintiff: By Jerold C. Feuerstein, Esq., Kriss & Feuerstein, LLP, New York, NY.
for defendant: Attorney for Defendant Cecilia Kempton: John M. Giordano, P.C., New York, NY. Attorneys for Defendant United Bank, Inc.: Twomey, Latham, Shea & Kelley, Riverhead, NY.
Case Number: 613564/2015E

New Requirement on Lenders in Foreclosure Process Is Constitu