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 action under Article 15 of the N.Y. Real Property Action and Proceedings Law to declare the extent of the parties’ interests in the disputed roadway, which traverses the Plaintiffs’ property... 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 “non-conforming” apartment building. Avramis’ four unit, twelve bedroom apartment building houses college students in an area of the City zoned for one and two-family dwellings only. The building had four... 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. The driveway meanders through the woods over the property of two of the Backiels’ neighbors before it reaches the lake. The Backiels secured an agreement with one of the neighbors... 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 a five-day non-jury trial, Acting Supreme Court Justice Roger McDonough ruled on April 22, 2013 in favor of Plaintiffs in two consolidated cases (Meyer v. Bozzetti, No. 08-0938; Bozzetti v.... 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 to enjoin the demolition of a 1930’s era home on the shore of Lake Placid and stop the construction of a new home. The Appellate Division reversed the trial court... READ MORE
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 closure of railroad crossings has become an emerging area of law. In this action, the firm represented a commercial nursery business that opposed the closure of a railroad crossing. 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 end of a public highway by “use” in rural Allegany County. A court decision had erroneously extended the “public” portion of the road to include the client’s property. The firm... READ MORE