Litigation, Mediation, and Dispute Resolution

Litigation, Mediation, and Dispute Law includes:

  • Article 78 proceedings
  • Citizen suits
  • Cost recovery actions
  • Natural resource damages
  • Construction disputes
  • Environmental litigation
  • Permitting appeals and enforcement

Young/Sommer advocates vigorously for its clients whenever necessary. The firm has a successful track record representing our clients in a broad range of administrative, civil, and criminal matters, appearing before federal and state courts and a host of administrative agencies. We also regularly represent clients in arbitration and mediation proceedings. In all cases, our goal is help clients achieve their goals while taking the cost of litigation into account.

The following is a partial list of the firm’s litigation-related practice experience:

Article 78 Proceedings

Young/Sommer has commenced dozens of Article 78 proceedings challenging government actions relating to zoning, environmental permitting, SEQRA, and other matters. Young/Sommer has also defended dozens of Article 78 proceedings on behalf of local government.

Citizen Suits

The firm has commenced and defended citizen suits arising under various federal environmental laws, including the Clean Water Act.

Cost Recovery/Contribution Actions and Natural Resource Damages

Our attorneys have helped clients commence and defend cost recovery and contribution actions arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and have brought dozens of actions to obtain insurance coverage (including duty to defend) for environmental claims.

Construction Disputes

Young/Sommer has extensive experiences in construction-related litigation on behalf of both contractors and municipalities, addressing issues such as public bidding, prevailing wage, Wicks Law, performance bonds, delay damages, collection, warranties, design defects, etc.

Environmental Litigation

Young/Sommer has extensive experience in successfully defending nuisance (common law and public nuisance) claims against controversial facilities (e.g., foundries, sludge management, solid waste, race tracks, children’s camps).

Permitting Appeals and Enforcement

The firm regularly represents clients in permitting appeals before the Department of Environmental Conservation and other state and federal agencies. We defend clients accused of violating federal and state environmental laws. In that capacity, our attorneys have negotiated dozens of consent orders resolving a wide range of enforcement-related matters.

Hayes, et al v. Ibraham Vazquez Enterprises, Inc., et al v. Economy Oil, et al, Index No. 2020-52632 (Dutchess County Sup. Ct.) (Acker, J.S.C.)

The Dutchess County Supreme Court recently granted a motion to dismiss brought by Young/Sommer LLC on behalf of two fuel... READ MORE

Daniel O’Connell, as Admin. of the Est. of Patrick O’Connell, et al. v. Clough Harbour & Assoc., LLP, No. 08-cv-569 (TJM/DEP), 2010 WL 1729333 (NDNY Jan. 15, 2010)

After extensive discovery proceedings in a case arising from the collapse of a state bridge, Mr. Hurst obtained summary judgment... READ MORE

Patton v. O’Bannon, NO. 2011 CA 0989, 2011 WL 6754099 (La App 1 Cir Jan. 4, 2012)

Mr. Hurst obtained a decision granting media defendant’s special motion to strike and awarding costs pursuant to Louisiana’s SLAPP statute,... READ MORE

Matter of Derti v. Annucci, CA No. 521593, 2016 App Div LEXIS 7979 (3d Dept Dec. 1, 2016)

Mr. Hurst, in pro bono case, obtained an order annulling and vacating for lack of substantial evidence a prison disciplinary... READ MORE

People v. Novak, 41 Misc3d 749, 971 NYS2d 853 (County Court, Sullivan Co. 2013)

Mr. Hurst obtained a trial court order [not appealed] quashing a non-party subpoena issued by the District Attorney to a... READ MORE

Russell v. Delaware Online, Civ. No. 15-794-SLR, 2016 U.S. Dist. LEXIS 80216 (D. Del. Jun. 20, 2016)

Mr. Hurst obtained a decision finding that a news report of a plaintiff’s arrest is protected by Delaware fair report... READ MORE

PSEG Long Island LLC v. Town of N. Hempstead (NY), 158 FSupp3d 149 (EDNY 2016) (Spratt, J.)

Mr. Hurst obtained a decision annulling, on First Amendment grounds, a local ordinance requiring an electric utility to post signs... READ MORE

Rivkin v. Century 21 Teran Realty LLC, 10 NY3d 344, 858 NYS2d 55 (2008)

Mr. Hurst obtained a favorable decision from New York’s highest court in a case of first impression decided upon Certified... READ MORE

White v. Global Companies, LLC, 2017 WL 4286282

The firm defended Global Companies against a citizen suit action seeking declaratory relief, injunctive relief, and civil penalties for alleged... 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... 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... 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... READ MORE

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

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

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... 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... 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... 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... 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,... 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

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... 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... 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... 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”)... 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... 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... 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... 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... 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... 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... 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... READ MORE

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... READ MORE