Crystal Run Newco, LLC v. United Pet Supply, Inc., 70 A.D.3d 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 A.D.3d 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
Fleming v. New York City Dept. of Envtl. Protection, 66 A.D.3d 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
Island Park, LLC v. CSX Transportation, Inc., 2007 WL 1851784 (N.D.N.Y. 2007), reversed, 559 F.3d 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, Putnam County Supreme Court 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
Masterpage Communications, Inc. v. Town of Olive, 418 F.Supp.2d 66 (N.D.N.Y. 2005)
This case involved a town’s refusal to permit a telecommunications and cell tower facility. J. Michael Naughton—prior to joining Young/Sommer LLC—represented the landowner and succeeded… Read More
Matter of Boro Recycling, Inc., v. The New York City Department of Consumer Affairs, et al., Decision and Order dated April 8, 2011 (S.Ct. Kings Co. 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
Matter of Stratis Contracting Corp., v. Town of Lewisboro, et al., 78 AD3d 1188, 911 NYS2d 667 (2d Dept 2010)
Pyramid Walden Co. v. The Buffalo Unit, LLC, 48 A.D.3d 1089 (4th Dept. 2008), affirming 2007 WL 7034890 (N.Y. 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.; Allegany County Supreme Court Index No. 42105
In a case involving two towns in adjoining counties and three private parties, Michael Moore protected the property interests of a client living at the… 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 (N.D.N.Y 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 A.D.3d 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
Wal-Mart Stores Inc. v. Planning Bd. of Town of North Elba, 238 A.D.2d 93 (3d Dept. 1998)
This is a landmark case in which a municipality’s right to control large scale development was recognized. J. Michael Naughton represented the Town of North… 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