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
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 obtained a ruling from the Court that the Plaintiffs’ plans for their property was not permitted within the homeowner’s association. The Court ruled that the Plaintiffs, as part of the... 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 relating to the development of a subdivision. The firm prevailed on summary judgment, finding the argument that the contract was clear and unambiguous, persuasive and upholding its terms. The Court... 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 requested a 245 square foot sign over the entrance and a 20 square foot sign by the main Lowe’s access entrance. Although this was inconsistent with Appendix Q3 standards, it... 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
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 Defendants’ property. The Appellate Division, Second Department affirmed the Defendant-landowners’ entitlement to summary judgment dismissing the lawsuit, thereby confirming that the Defendants had no affirmative duty to remedy a natural... 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 a beaver dam located upon the Defendants’ property as the alleged cause. The Plaintiffs’ first sought a temporary restraining order and preliminary injunction ordering the removal of the beaver dam... 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 plaintiff co-owned with the defendant as equal members of a limited liability company (LLC). The plaintiff and the defendant, jointly through their LLC, contracted with a third party commercial developer... 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 Question from the United States Court of Appeals for the Second Circuit (494 F.3d 99 [2007]), defining and limiting the fiduciary duties of disclosure owed by certain classes of real estate agents to their purchaser-clients.
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 New York not-for-profits and municipalities in determining whether the criteria for exemptions under the New York Real Property Tax Law have been satisfied. As a not-for-profit education corporation, the Association... READ MORE