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Representative Matters

Alexander v. Oakley, 943 NYS2d 291 (3d Dept May 3, 2012)

The firm represented Plaintiffs in a property dispute involving the use of a private right of way on the Alexanders’ land. The Plaintiffs brought the… Read More

Avramis v Sarachan, 97 AD3d 874 (3d Dept. 2012)

Young/Sommer won an appeal for the City of Ithaca (Tompkins County) in a zoning dispute over the proposed expansion of a parking lot at a… Read More

Backiel v Murphy, Sup Ct, Warren County, 2015

The firm represented the Backiels, owners of undeveloped lakefront property.  An unpaved driveway, built in the 1970s, connects the Backiel property to a public highway. … Read More

Bozzetti v. Pohlmann, 94 AD3d 1201 (3d Dept 2012)

The firm prevailed for Plaintiffs in a land boundary and title dispute involving property of three different parties in rural Greene County, New York.  Following… Read More

Case 02-E-0362, Flat Rock Wind Power LLC, Order Granting a Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 17, 2004)

Case 04-E-0643, Flat Rock Wind Power LLC, Order Providing for Lightened Regulation (Section 68) (issued December 20, 2004) (Light Regulation Orders)

The firm represented Petitioner in a proceeding at the Public Service Commission seeking a declaratory ruling that the transfer of certain ownership interests should not… Read More

Case 07-E-0343, Marble River, LLC, Order Granting Amendment to Certificate of Public Convenience and Necessity (Section 68) (issued June 21, 2011)

Case 07-E-0462, Horizon Wind Energy LLC, Declaratory Ruling on Review of Transfer Transactions (Section 70) (issued June 26, 2007)

The firm represented Petitioners in a proceeding at the Public Service Commission seeking a Declaratory Ruling with regards to the application of Public Service law… Read More

Case 07-E-0888, Iberdrola Energias Renovables SAU, Declaratory Ruling on Review of an Intra-Corporate and Stock Issuance Transaction (Section 70) (issued September 20, 2007)

The firm represented the Petitioner seeking a declaratory ruling for an intra-corporate and stock issuance transaction. The transaction involved the Petitioner’s obtaining an indirect ownership… Read More

Case 07-E-1343, Marble River, LLC, Order Granting Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 19, 2008)

Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455

The firm represented the Respondents in an Article 78 proceeding involving the proposed construction of a 29 unit wind farm. The Plaintiffs’ challenged the Planning… Read More

Cring v. Bonnie Belle Association, Sup Ct, Warren County, 2004, Index No. 44157

In a case regarding the Plaintiffs’ ability to rent out vacant rooms in their home, the firm successfully represented the Defendant, Bonnie Belle Association, in… Read More

Crystal Run Newco, LLC v. United Pet Supply, Inc., 70 AD3d 1418 (4th Dept 2010)

This a commercial landlord-tenant case in which the appellate court reversed the trial court, and granted the landlord summary judgment with respect to its claim… Read More

Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)

The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In this case, a neighbor attempted… Read More

Eklecco Newco, LLC v. Café Tu Tu Tango of Palisades, LLC, 18 Misc 3d 1126(A) (NY Sup Ct, 2008)

In this landlord-tenant case arising out of a shopping center lease, the Court awarded the landlord judgment on all claims, dismissed the tenant’s counterclaim and… Read More

Fabrikant v. French, 328 F Supp 2d 303, 310-12 (ND NY 2004)

Fabrikant v. French, 722 F Supp 2d 249 (ND NY 2010); affd on appeal, 691 F3d 193 [2d Cir 2012]

Fleming v. New York City Dept. of Envtl. Protection, 66 AD3d 777 (2d Dept 2009)

The firm represented the developer-respondent, RFB, LLC. RFB and its contract-seller Kent Acres Development Co.,Ltd., who proposed to construct an approximately 280 residential condominium development… Read More

G&K Iron Works, LLC v. Pyramid Management Group, Inc., et al., Sup Ct, Rockland County, 2013, Index No. 036415/2013

The firm successfully obtained an order dismissing a Lien Law foreclosure action instituted against a corporate client and obtained clarification of an often puzzling provision… Read More

Garden Homes v Patel, Sup Ct, Dutchess County, 2015

The firm represented Garden Homes, which owns a 40-unit mobile home park with a private water and sewage treatment system.  The treatment system has operated… Read More

Gas Land Petroleum, Inc. v Friendly Service Armonk, Inc. and Sammy Eljamal, Supreme Court Westchester County, Index No. 56368/2013

The firm successfully obtained summary judgment for the Plaintiff in a gasoline supply contract dispute.  The judgment was awarded against both the retailer and the… Read More

Gellert v. Town of Livingston Planning Board, et al., Sup Ct, Columbia County, 2013

The firm represented Plaintiffs-Petitioners Anthony Gellert and Alexander Gellert in a combined proceeding brought pursuant to CPLR Article 78 and CPLR §3001 seeking relief annulling… Read More

Hardison v. Board of Education of the Oneonta City School District, 773 F3d 372 [2d Cir. 2014]

The firm successfully represented the Oneonta City School District (the “District”) before the Second Circuit Court of Appeals (“Second Circuit”) in a tuition reimbursement case… Read More

Harvest Ridge Associates Inc. v. Nesheiwat Estates, Sup Ct, Dutchess County, 2005, Index No. 5964/04

The firm represented the Defendant in a contract dispute involving the intent of an agreement made by Harvest Ridge Associates, Inc. and Nesheiwat Estates, Inc… Read More

Highview Estates of Orange County, Inc. v Town Bd. of Town of Montgomery, Orange County, 955 NYS2d 175 (2d Dept 2012)

The firm represented Taylor Holdings Group, Ltd/Taylor Biomass Energy in overturning a lower court judgment that annulled several state and local approvals that permit the… Read More

In the Matter of Boro Recycling, Inc., v. The New York City Department of Consumer Affairs, et al., Decision and Order dated April 8, 2011 (Sup Ct, Kings County 2011) (Kings Co. Index No. 22559-10)

The firm represented Boro Recycling, Inc. (“Boro”). For approximately 26 years, Boro had been providing services exclusively to “dealers” and “distributors” of beer and carbonated… Read More

In the Matter of Lori Bergami, et al., v. Town Board Of The Town Of Rotterdam, et al., 97 AD3d 1018 (3d Dept 2012)

The firm represented Plaintiffs Lori Bergami and a group of neighboring property owners in a proceeding challenging the rezoning of property in the Town of… Read More

In the Matter of Stratis Contracting Corp., v. Town of Lewisboro, et al., 78 AD3d 1188, 911 NYS2d 667 (2d Dept 2010)

In this case, the firm prevailed in having Stratis Contracting Corp.’s petition for an Article 78 proceeding denied. The firm represented the Town of Lewisboro… Read More

In the Matter of the Application of Ten Towns to Preserve Main Street, et al. v. The Planning Board of the Town of Northeast, et al., Sup Ct, Dutchess County, 2013, Index No. 3816/2013

The firm successfully defended New York real estate developer Southern Realty and Development, LLC (“Southern”) in a State Environmental Quality Review Act (“SEQRA”) challenge to… Read More

In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006

The firm represented Ticonderoga Property Development LLC in its application in the Adirondack Park for a variance from Appendix Q3 standards regarding sign regulations. TPD… Read More

In the Matter of the Arbitration between Fishkill Property LLC, et al., AAA Index No. 15 183 Y 0017611, Award Dated November 7, 2011

Island Park, LLC v. CSX Transportation, Inc., 2007 WL 1851784 (ND NY 2007), reversed, 559 F3d 96 (2d Cir 2009)

As the State moves to set the stage for high speed rail service, the rights of property owners whose access rights are affected by the… Read More

Kent Acres Development Co., Ltd., v. City of New York, 41 AD3d 542 (2d Dept 2007)

The firm represented Lexington Realty Development Corp. and RFB, LLC in obtaining a judgment directing the Town of Kent to allow the Developers to participate… Read More

Macris v. Matta, 2012 NY Slip Op. 08701 (2d Dept. 2012)

The firm successfully defended an appeal made by landowners who sought $400,000 in property damages allegedly stemming from the acts of wild beavers on the… Read More

Macris v. Matta, Sup Ct, Putnam County, Index No. 1354-2011

The firm represented Defendant homeowners, in an action commenced by their downstream neighbors for property damages stemming from the alleged flooding of their property, blaming… Read More

Nesheiwat v. ElJamal, Sup Ct, Westchester County, 2012, Index No. 615/2011

The firm represented the plaintiff in a successful share holder derivative action and contract dispute involving the sale of commercial property in Westchester County, which… Read More

Pyramid Walden Co. v. The Buffalo Unit, LLC, 48 AD3d 1089 (4th Dept 2008), affirming 2007 WL 7034890 (NY Sup 2007)

In this landlord-tenant case involving a shopping center lease, the appellate court affirmed the trial court’s award of summary judgment in the landlord’s favor. The… Read More

Smith and Clark v Town of Centervillle, et al.; Sup Ct, Allegany County, Index No. 42105

In a case involving two towns in adjoining counties and three private parties, the firm protected the property interests of a client living at the… Read More

The Fort Ticonderoga Association v. The Assessor of the Town of Ticonderoga, et al., Sup Ct, Essex County, 2013, Index No. 410-2013

The firm successfully restored tax exemptions and obtained tax refunds for The Fort Ticonderoga Association, a not-for-profit corporation. This groundbreaking decision has important implications for… Read More

Town of Henderson Town Bd. v. Town of Hounsfield Planning Bd., et al., Sup Ct, Jefferson County 2010, Index No. 2010-0336

In an Article 78 proceeding, the firm represented the Applicant for a proposed 82 turbine wind farm project in the Town. Petitioner sought to reverse,… Read More

Town of Northumberland, v. Del Signore Blacktop Paving, Inc. , Sup Ct, Saratoga County, Index No. 20084229

The firm represented the Town of Northumberland (the “Town”) in a breach of contract action with important implications for other municipalities in New York who… Read More

Village of Coxsackie v. Veolia Water North America – North East, LLC, Slip. Copy 2007, WL2667460 (ND NY 2007)

The firm represented the Village of Coxsackie (the “Village”) in a successful federal court action seeking to enforce a contract against a company hired to… Read More

Village of Delhi, et al. v. Town of Delhi, et al., 72 AD3d 1476 (3d Dept 2010)

The firm represented the Town of Delhi. The Village of Delhi commenced a combined CPLR article 78 and declaratory judgment proceeding against the Town of… Read More

Worcester Creameries Corp. v. City of New York, 54 AD3d 87 (3d Dept 2008)

The firm represented a Delaware County milk processing facility in its successful effort to compel New York City (the “City”) to pay for regulatory upgrades… Read More